US (United States) Code. Title 50. Appendix

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # War and National Defense

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-CITE-

50 USC APPENDIX Secs. 454a, 454b 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Secs. 454a, 454b. Omitted

-COD-

CODIFICATION

Section 454a, acts Sept. 9, 1950, ch. 939, Sec. 4, 64 Stat. 828;

June 29, 1953, ch. 158, Sec. 3, 67 Stat. 88; June 18, 1954, ch.

307, 68 Stat. 254; June 30, 1955, ch. 250, title II, Sec. 201, 69

Stat. 224, which provided for promotion of physicians, dentists,

and allied specialist categories, period of service, and discharge

and resignation of such personnel, expired on June 30, 1957. See

sections 451 and 455 of this Appendix.

Section 454b, act Sept. 9, 1950, ch. 939, Sec. 6, 64 Stat. 828,

which defined "allied specialist categories" as used in sections

454(i) and 454a of this Appendix, expired on June 30, 1957.

-MISC1-

TERMINATION DATE

Section 7 of act Sept. 9, 1950, as amended by acts June 19, 1951,

ch. 144, title I, Sec. 2(b), 65 Stat. 88; June 29, 1953, Sec. 9;

June 30, 1955, Sec. 201 and by Pub. L. 85-62, Sec. 8, June 27,

1957, 71 Stat. 208, provided that sections 454a and 454b of this

Appendix shall terminate as of June 30, 1957.

-End-

-CITE-

50 USC APPENDIX Secs. 454c, 454d 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Secs. 454c, 454d. Omitted

-MISC1-

Section 454c, act June 29, 1953, ch. 158, Sec. 4, 67 Stat. 88,

provided for release, discharge, or resignation of special

registrants who made application therefor on or before 90th day

after June 29, 1953.

Section 454d, act June 29, 1953, ch. 158, Sec. 5, 67 Stat. 89,

provided for extension of reserve commissions of certain doctors,

dentists, and other special registrants.

-End-

-CITE-

50 USC APPENDIX Sec. 454e 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 454e. Volunteer service of physicians and dentists; minimum

period

-STATUTE-

Any physician or dentist who meets the qualifications for a

reserve commission in the respective military departments shall, so

long as there is a need for the services of such a physician or

dentist, be afforded an opportunity to volunteer for a period of

active duty of not less than twenty-four months. Any physician or

dentist who so volunteers his service, and meets the qualifications

for a reserve commission shall be ordered to active duty for not

less than twenty-four months, notwithstanding the grade or rank to

which such physician or dentist is entitled under the provisions of

the Act of September 9, 1950, as amended.

-SOURCE-

(June 29, 1953, ch. 158, Sec. 7, 67 Stat. 89.)

-REFTEXT-

REFERENCES IN TEXT

Act of September 9, 1950, as amended, referred to in text, is act

Sept. 9, 1950, ch. 939, 64 Stat. 826, as amended. Section 7 of the

Act, as amended (71 Stat. 208), provided that the Act, except for

sections 3 and 5, shall terminate as of June 30, 1957. Section 3 of

the Act amended section 202 of the National Security Act of 1947,

by adding subsections (g) to (i) which were classified to section

171a(g) to (i) of former Title 5 and which were later omitted from

the Code following the codification of section 202(a) to (f) and

(j) of the National Security Act of 1947 in Title 10, Armed Forces,

by Pub. L. 87-651, Sept. 7, 1972, 76 Stat. 506. Section 5 of the

Act was classified to section 234b of former Title 37, and was

later omitted from the Code following the enactment of Title 37,

Pay and Allowances of the Uniformed Services, by Pub. L. 87-649,

Sept. 7, 1962, 76 Stat. 451.

-COD-

CODIFICATION

Section was not enacted as part of the Military Selective Service

Act, title I of which comprises sections 451 to 471a of this

Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 455 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 455. Manner of selection of men for training and service;

quotas

-STATUTE-

(a)(1) The selection of persons for training and service under

section 4 [section 454 of this Appendix] shall be made in an

impartial manner, under such rules and regulations as the President

may prescribe, from the persons who are liable for such training

and service and who at the time of selection are registered and

classified, but not deferred or exempted: Provided, That in the

selection of persons for training and service under this title

[sections 451 to 471a of this Appendix], and in the interpretation

and execution of the provisions of this title [said sections],

there shall be no discrimination against any person on account of

race or color: Provided further, That in the classification of

registrants within the jurisdiction of any local board, the

registrants of any particular registration may be classified, in

the manner prescribed by and in accordance with rules and

regulations prescribed by the President, before, together with, or

after the registrants of any prior registration or registrations;

and in the selection for induction of persons within the

jurisdiction of any local board and within any particular

classification, persons who were registered at any particular

registration may be selected, in the manner prescribed by and in

accordance with rules and regulations prescribed by the President,

before, together with, or after persons who were registered at any

prior registration or registrations: And provided further, That

nothing herein shall be construed to prohibit the selection or

induction of persons by age group or groups under rules and

regulations prescribed by the President: And provided further, That

-

(1) no local board shall order for induction for training and

service in the Armed Forces of the United States any person who

has not attained the age of nineteen unless there is not within

the jurisdiction of such local board a sufficient number of

persons who are deemed by such local board to be available for

induction and who have attained the age of nineteen to enable

such local board to meet a call for men which it has been ordered

to furnish for induction;

(2) no local board shall order for induction for training and

service in the Armed Forces of the United States any person who

has not attained the age of nineteen, if there is any person

within the jurisdiction of such local board who (i) is as much as

ninety days older, (ii) has not attained the age of nineteen, and

(iii) is deemed by the local board to be available for induction;

and

(3) no local board shall order for induction for training and

service in the Armed Forces of the United States an alien unless

such alien shall have resided in the United States for one year.

(2) Repealed. Pub. L. 91-124, Sec. 2, Nov. 26, 1969, 83 Stat.

220.

(b) Quotas of men to be inducted for training and service under

this title [sections 451 to 471a of this Appendix] shall be

determined for each State, Territory, possession, and the District

of Columbia, and for subdivisions thereof, on the basis of the

actual number of men in the several States, Territories,

possessions, and the District of Columbia, and the subdivisions

thereof, who are liable for such training and service but who are

not deferred after classification, except that credits shall be

given in fixing such quotas for residents of such subdivisions who

are in the armed forces of the United States on the date fixed for

determining such quotas. After such quotas are fixed, credits shall

be given in filling such quotas for residents of such subdivisions

who subsequently become members of such forces. Until the actual

numbers necessary for determining the quotas are known, the quotas

may be based on estimates, and subsequent adjustments therein shall

be made when such actual numbers are known. All computations under

this subsection shall be made in accordance with such rules and

regulations as the President may prescribe.

(c) Terminated

(d) Whenever the President has provided for the selection of

persons for training and service in accordance with random

selection under subsection (a) of this section, calls for induction

may be placed under such rules and regulations as he may prescribe,

notwithstanding the provisions of subsection (b) of this section.

(e) Notwithstanding any other provision of this Act, not more

than 130,000 persons may be inducted into the Armed Forces under

this Act in the fiscal year ending June 30, 1972, and not more than

140,000 in the fiscal year ending June 30, 1973, unless a number

greater than that authorized in this subsection for such fiscal

year or years is authorized by a law enacted after the date of

enactment of this subsection [Sept. 28, 1971].

-SOURCE-

(June 24, 1948, ch. 625, title I, Sec. 5, 62 Stat. 608; June 19,

1951, ch. 144, title I, Sec. 1(k), 65 Stat. 83; Pub. L. 85-62,

Secs. 4, 5, June 27, 1957, 71 Stat. 207; Pub. L. 90-40, Sec. 1(3),

June 30, 1967, 81 Stat. 100; Pub. L. 91-124, Sec. 2, Nov. 26, 1969,

83 Stat. 220; Pub. L. 92-129, title I, Sec. 101(a)(8), (9), Sept.

28, 1971, 85 Stat. 349.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (e), is act June 24, 1948, ch.

625, 62 Stat. 604, as amended, known as the Military Selective

Service Act. For complete classification of this Act to the Code,

see References in Text note set out under section 451 of this

Appendix and Tables.

-MISC1-

AMENDMENTS

1971 - Subsec. (a)(1). Pub. L. 92-129, Sec. 101(a)(8), added cl.

(3) covering induction orders for aliens residing in the United

States for one year, to last proviso.

Subsecs. (d), (e). Pub. L. 92-129, Sec. 101(a)(9), added subsecs.

(d) and (e).

1969 - Subsec. (a). Pub. L. 91-124 repealed cl. (2) which

prohibited President from effecting any change in method of

determining relative order of induction.

1967 - Subsec. (a). Pub. L. 90-40 designated existing provisions

as par. (1) and added par. (2).

1957 - Subsec. (a). Pub. L. 85-62, Secs. 4, 9, temporarily,

substituted third and fourth provisos for former third proviso

"that nothing herein shall be construed to prohibit the selection

or induction of persons by age group or groups under rules and

regulations prescribed by the President:". See Effective and

Termination Dates of 1957 Amendment note below.

Subsec. (c). Pub. L. 85-62, Secs. 5, 9, temporarily added subsec.

(c). See Effective and Termination Dates of 1957 Amendment note

below.

1951 - Subsec. (a). Act June 19, 1951, inserted last two

provisos.

EFFECTIVE AND TERMINATION DATES OF 1957 AMENDMENT

Amendment by Pub. L. 85-62 to take effect on July 1, 1957, and

terminate on July 1, 1973, see section 9 of Pub. L. 85-62, set out

as a note under section 454 of this Appendix.

-EXEC-

PROC. NO. 3945. RANDOM SELECTION FOR MILITARY SERVICE

Proc. No. 3945, Nov. 26, 1969, 34 F.R. 19017, 83 Stat. 972,

provided:

WHEREAS section 5(a)(1) of the Military Selective Service Act of

1967, as amended (50 U.S.C. App. 455(a)(1)) [now the Military

Selective Service Act], provides that selection of persons for

training and service under that Act shall be made in an impartial

manner without discrimination on account of race or color, under

such rules and regulations as the President may prescribe; and

WHEREAS section 5(a)(2) of that Act (50 U.S.C. App. 455(a)(2))

limited the President's authority to prescribe rules and

regulations by requiring, in effect, the selection of registrants

through a method known as "oldest first"; and

WHEREAS such section 5(a)(2) has been repealed by Public Law

91-124 of November 26, 1969:

NOW, THEREFORE, I, RICHARD NIXON, President of the United States

of America, acting under and by virtue of the authority vested in

me by section 5(a) of the Military Selective Service Act of 1967,

as amended, and having determined that a method of random selection

will provide the most equitable basis for selection of registrants

for military training and service, do hereby proclaim the

following:

That a random selection sequence will be established by a drawing

to be conducted in Washington, D.C., on December 1, 1969, and will

be applied nationwide. The random selection method will use 366

days to represent the birthdays (month and day only) of all

registrants who, prior to January 1, 1970, shall have attained

their nineteenth year of age but not their twenty-sixth. The

drawing, commencing with the first day selected and continuing

until all 366 days are drawn, shall be accomplished impartially.

On the day designated above, a supplemental drawing or drawings

will be conducted to determine alphabetically the random selection

sequence by name among registrants who have the same birthday.

The random selection sequence obtained as described above shall

determine the order of selection of registrants who prior to

January 1, 1970, shall have attained their nineteenth year of age

but not their twenty-sixth and who are not volunteers and not

delinquents. New random selection sequences shall be established,

in a similar manner, for registrants who attain their nineteenth

year of age on or after January 1, 1970.

The random sequence number determined for any registrant shall

apply to him so long as he remains subject to induction for

military training and service by random selection.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth

day of November, in the year of our Lord nineteen hundred and

sixty-nine, and of the Independence of the United States of America

the one hundred and ninety-fourth.

Richard Nixon.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 454, 456 of this

Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 456 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 456. Deferments and exemptions from training and service

-STATUTE-

(a)(1) Commissioned officers, warrant officers, pay clerks,

enlisted men, and aviation cadets of the Regular Army, the Navy,

the Air Force, the Marine Corps, the Coast Guard, and the

Environmental Science Services Administration; (!1) cadets, United

States Military Academy; midshipmen, United States Naval Academy;

cadets, United States Air Force Academy; cadets, United States

Coast Guard Academy; midshipmen, Merchant Marine Reserve, United

States Naval Reserves; students enrolled in an officer procurement

program at military colleges the curriculum of which is approved by

the Secretary of Defense; members of the reserve components of the

Armed Forces and the Coast Guard, while on active duty; and foreign

diplomatic representatives, technical attache&233;s of foreign

embassies and legations, consuls general, consuls, vice consuls and

other consular agents of foreign countries who are not citizens of

the United States, and members of their families, and persons in

other categories to be specified by the President who are not

citizens of the United States, shall not be required to be

registered under section 3 [section 453 of this Appendix] and shall

be relieved from liability for training and service under section 4

[section 454 of this Appendix], except that aliens admitted for

permanent residence in the United States shall not be so exempted:

Provided, That any alien lawfully admitted for permanent residence

as defined in paragraph (20) of section 101(a) of the Immigration

and Nationality Act, as amended (66 Stat. 163, 8 U.S.C. 1101), and

who by reason of occupational status is subject to adjustment to

nonimmigrant status under paragraph (15)(A), (15)(E), or (15)(G) of

such section 101(a) [8 U.S.C. 1101(a)(15)(A), (E), or (G)] but who

executes a waiver in accordance with section 247(b) of that Act [8

U.S.C. 1257(b)] of all rights, privileges, exemptions, and

immunities which would otherwise accrue to him as a result of that

occupational status, shall be subject to registration under section

3 of this Act [section 453 of this Appendix], but shall be deferred

from induction for training and service for so long as such

occupational status continues. Any person who subsequent to June

24, 1948, serves on active duty for a period of not less than

twelve months in the armed forces of a nation with which the United

States is associated in mutual defense activities as defined by the

President, may be exempted from training and service, but not from

registration, in accordance with regulations prescribed by the

President, except that no such exemption shall be granted to any

person who is a national of a country which does not grant

reciprocal privileges to citizens of the United States: Provided,

That any active duty performed prior to June 24, 1948, by a person

in the armed forces of a country allied with the United States

during World War II and with which the United States is associated

in such mutual defense activities, shall be credited in the

computation of such twelve-month period: Provided further, That any

person who is in a medical, dental, or allied specialist category

not otherwise deferred or exempted under this subsection shall be

liable for registration and training and service until the

thirty-fifth anniversary of the date of his birth.

(2) Commissioned officers of the Public Health Service and

members of the Reserve of the Public Health Service while on active

duty and assigned to staff the various offices and bureaus of the

Public Health Service, including the National Institutes of Health,

or assigned to the Coast Guard, the Bureau of Prisons, Department

of Justice, the Environmental Protection Agency, or the

Environmental Science Services Administration (!1) or who are

assigned to assist Indian tribes, groups, bands, or communities

pursuant to the Act of August 5, 1954 (68 Stat. 674), as amended

[42 U.S.C. 2001 et seq.], shall not be required to be registered

under section 3 [section 453 of this Appendix] and shall be

relieved from liability for training and service under section 4

[section 454 of this Appendix]. Notwithstanding the preceding

sentence, commissioned officers of the Public Health Service and

members of the Reserve of the Public Health Service who, prior to

the enactment of this paragraph [June 30, 1967], had been detailed

or assigned to duty other than that specified in the preceding

sentence shall not be required to be registered under section 3

[section 453 of this Appendix] and shall be relieved from liability

for training and service under section 4 [section 454 of this

Appendix].

(b)(1) No person who served honorably on active duty between

September 16, 1940, and the date of enactment of this title [June

24, 1948] for a period of twelve months or more, or between

December 7, 1941, and September 2, 1945, for a period in excess of

ninety days, in the Army, the Air Force, the Navy, the Marine

Corps, the Coast Guard, the Public Health Service, or the armed

forces of any country allied with the United States in World War II

prior to September 2, 1945, shall be liable for induction for

training and service under this title [sections 451 to 471a of this

Appendix], except after a declaration of war or national emergency

made by the Congress subsequent to the date of enactment of this

title [June 24, 1948].

(2) No person who served honorably on active duty between

September 16, 1940, and the date of enactment of this title [June

24, 1948] for a period of ninety days or more but less than twelve

months in the Army, the Air Force, the Navy, the Marine Corps, the

Coast Guard, the Public Health Service, or the armed forces of any

country allied with the United States in World War II prior to

September 2, 1945, shall be liable for induction for training and

service under this title [sections 451 to 471a of this Appendix],

except after a declaration of war or national emergency made by the

Congress subsequent to the date of enactment of this title [June

24, 1948], if -

(A) the local board determines that he is regularly enlisted or

commissioned in any organized unit of a reserve component of the

armed force in which he served, provided such unit is reasonably

accessible to such person without unduly interrupting his normal

pursuits and activities (including attendance at a college or

university in which he is regularly enrolled), or in a reserve

component (other than in an organized unit) of such armed force

in any case in which enlistment or commission in an organized

unit of a reserve component of such armed force is not available

to him; or

(B) the local board determines that enlistment or commission in

a reserve component of such armed force is not available to him

or that he has voluntarily enlisted or accepted appointment in an

organized unit of a reserve component of an armed force other

than the armed force in which he served.

Nothing in this paragraph shall be deemed to be applicable to any

person to whom paragraph (1) of this subsection is applicable.

(3) Except as provided in section 5(a) of this Act [section

455(a) of this Appendix], and notwithstanding any other provision

of this Act, no person who (A) has served honorably on active duty

after September 16, 1940, for a period of not less than one year in

the Army, the Air Force, the Navy, the Marine Corps, or the Coast

Guard, or (B) subsequent to September 16, 1940, was discharged for

the convenience of the Government after having served honorably on

active duty for a period of not less than six months in the Army,

the Air Force, the Navy, the Marine Corps, or the Coast Guard, or

(C) has served for a period of not less than twenty-four months (i)

as a commissioned officer in the Public Health Service or (ii) as a

commissioned officer in the Coast and Geodetic Survey,(!2) shall be

liable for induction for training and service under this Act,

except after a declaration of war or national emergency made by the

Congress subsequent to the date of enactment of this title [June

24, 1948].

(4) No person who is honorably discharged upon the completion of

an enlistment pursuant to section 4(c) [section 454(c) of this

Appendix] shall be liable for induction for training and service

under this title [sections 451 to 471a of this Appendix], except

after a declaration of war or national emergency made by the

Congress subsequent to the date of enactment of this title [June

24, 1948].

(5) For the purposes of computation of the periods of active duty

referred to in paragraphs (1), (2), or (3) of this subsection, no

credit shall be allowed for -

(A) periods of active duty training performed as a member of a

reserve component pursuant to an order or call to active duty

solely for training purposes;

(B) periods of active duty in which the service consisted

solely of training under the Army specialized training program,

the Army Air Force college training program, or any similar

program under the jurisdiction of the Navy, Marine Corps, or

Coast Guard;

(C) periods of active duty as a cadet at the United States

Military Academy or United States Coast Guard Academy, or as a

midshipman at the United States Naval Academy, or in a

preparatory school after nomination as a principal, alternate, or

candidate for admission to any of such academies; or

(D) periods of active duty in any of the armed forces while

being processed for entry into or separation from any educational

program or institution referred to in paragraphs (B) or (C);

(c)(1) Persons who, on February 1, 1951, were members of

organized units of the federally recognized National Guard, the

federally recognized Air National Guard, the Officers' Reserve

Corps, the Regular Army Reserve, the Air Force Reserve, the

Enlisted Reserve Corps, the Naval Reserve, the Marine Corps

Reserve, the Coast Guard Reserve, or the Public Health Service

Reserve, shall, so long as they continue to be such members and

satisfactorily participate in scheduled drills and training periods

as prescribed by the Secretary of Defense, be exempt from training

and service by induction under the provisions of this title

[sections 451 to 471a of this Appendix], but shall not be exempt

from registration unless on active duty.

(2)(A) Any person, other than a person referred to in subsection

(d) of this section, who -

(i) prior to the issuance of orders for him to report for

induction; or

(ii) prior to the date scheduled for his induction and pursuant

to a proclamation by the Governor of a State to the effect that

the authorized strength of any organized unit of the National

Guard of that State cannot be maintained by the enlistment or

appointment of persons who have not been issued orders to report

for induction under this title [sections 451 to 471a of this

Appendix]; or

(iii) prior to the date scheduled for his induction and

pursuant to a determination by the President that the strength of

the Ready Reserve of the Army Reserve, Naval Reserve, Marine

Corps Reserve, Air Force Reserve, or Coast Guard Reserve cannot

be maintained by the enlistment or appointment of persons who

have not been issued orders to report for induction under this

title [sections 451 to 471a of this Appendix];

enlists or accepts appointment, before attaining the age of 26

years, in the Ready Reserve of any Reserve component of the Armed

Forces, the Army National Guard, or the Air National Guard, shall

be deferred from training and service under this title [sections

451 to 471a of this Appendix] so long as he serves satisfactorily

as a member of an organized unit of such Reserve or National Guard

in accordance with section 10147 of title 10 or section 502 of

title 32, United States Code, as the case may be, or satisfactorily

performs such other Ready Reserve service as may be prescribed by

the Secretary of Defense. Enlistments or appointments under

subparagraphs (ii) and (iii) of this clause may be accepted

notwithstanding the provisions of section 15(d) of this title

[section 465(d) of this Appendix]. Notwithstanding the provisions

of subsection (h) of this section, no person deferred under this

clause who has completed six years of such satisfactory service as

a member of the Ready Reserve or National Guard, and who during

such service has performed active duty for training with an armed

force for not less than twelve consecutive weeks, shall be liable

for induction for training and service under this Act, except after

a declaration of war or national emergency made by the Congress

after August 9, 1955. In no event shall the number of enlistments

or appointments made under authority of this paragraph in any

fiscal year in any Reserve component of the Armed Forces or in the

Army National Guard or the Air National Guard cause the personnel

strength of such Reserve component or the Army National Guard or

the Air National Guard, as the case may be, to exceed the personnel

strength for which funds have been made available by the Congress

for such fiscal year.

(B) A person who, under any provision of law, is exempt or

deferred from training and service under this Act by reason of

membership in a reserve component, the Army National Guard, or the

Air National Guard, as the case may be, shall, if he becomes a

member of another reserve component, the Army National Guard, or

the Air National Guard, as the case may be, continue to be exempt

or deferred to the same extent as if he had not become a member of

another reserve component, the Army National Guard, or the Air

National Guard, as the case may be, so long as he continues to

serve satisfactorily.

(C) Except as provided in subsection (b) and the provisions of

this subsection, no person who becomes a member of a reserve

component after February 1, 1951, shall thereby be exempt from

registration or training and service by induction under the

provisions of this Act.

(D) Notwithstanding any other provision of this Act, the

President, under such rules and regulations as he may prescribe,

may provide that any person enlisted or appointed after October 4,

1961, in the Ready Reserve of any reserve component of the Armed

Forces (other than under section 12103 of title 10, United States

Code), the Army National Guard, or the Air National Guard, prior to

attaining age of twenty-six years, or any person enlisted or

appointed in the Army National Guard or the Air National Guard or

enlisted in the Ready Reserve of any reserve component prior to

attaining the age of eighteen years and six months and deferred

under the prior provisions of this paragraph as amended by the Act

of October 4, 1961, Public Law 87-378 (75 Stat. 807), or under

section 262 of the Armed Forces Reserve Act of 1952, as amended [50

U.S.C. 1013], who fails to serve satisfactorily during his

obligated period of service as a member of such Ready Reserve or

National Guard or the Ready Reserve of another reserve component or

the National Guard of which he becomes a member, may be selected

for training and service and inducted into the armed force of which

such reserve component is a part, prior to the selection and

induction of other persons liable therefor.

(d)(1) Within such numbers as may be prescribed by the Secretary

of Defense, any person who (A) has been or may hereafter be

selected for enrollment or continuance in the senior division,

Reserve Officers' Training Corps, or the Air Reserve Officers'

Training Corps, or the Naval Reserve Officers' Training Corps, or

the naval and Marine Corps officer candidate training program

established by the Act of August 13, 1946 (60 Stat. 1057), as

amended, or the Reserve officers' candidate program of the Navy, or

the platoon leaders' class of the Marine Corps, or the officer

procurement programs of the Coast Guard and the Coast Guard

Reserve, or appointed an ensign, United States Naval Reserve, while

undergoing professional training; (B) agrees, in writing, to accept

a commission, if tendered, and to serve, subject to order of the

Secretary of the military department having jurisdiction over him

(or the Secretary of Homeland Security with respect to the United

States Coast Guard), not less than two years on active duty after

receipt of a commission; and (C) agrees to remain a member of a

regular or reserve component until the eighth anniversary of the

receipt of a commission in accordance with his obligation under the

first sentence of section 651 of title 10, United States Code, or

until the sixth anniversary of the receipt of a commission in

accordance with his obligation under the second sentence of section

651 of title 10, United States Code, shall be deferred from

induction under this title [sections 451 to 471a of this Appendix]

until after completion or termination of the course of instruction

and so long as he continues in a regular or reserve status upon

being commissioned, but shall not be exempt from registration. Such

persons, except those persons who have previously completed an

initial period of military training or an equivalent period of

active military training and service, shall be required while

enrolled in such programs to complete a period of training equal

(as determined under regulations approved by the Secretary of

Defense or the Secretary of Homeland Security with respect to the

United States Coast Guard) in duration and type of training to an

initial period of military training. There shall be added to the

obligated active commissioned service of any person who has agreed

to perform such obligatory service in return for financial

assistance while attending a civilian college under any such

training program a period of not to exceed one year. Except as

provided in paragraph (5), upon the successful completion by any

person of the required course of instruction under any program

listed in clause (A) of the first sentence of this paragraph, such

person shall be tendered a commission in the appropriate reserve

component of the Armed Forces if he is otherwise qualified for such

appointment. If, at the time of, or subsequent to, such

appointment, the armed force in which such person is commissioned

does not require his service on active duty in fulfillment of the

obligation undertaken by him in compliance with clause (B) of the

first sentence of this paragraph, such person shall be ordered to

active duty for training with such armed force in the grade in

which he was commissioned for a period of active duty for training

of not more than six months (not including duty performed under

section 10147 of title 10, United States Code), as determined by

the Secretary of the military department concerned to be necessary

to qualify such person for a mobilization assignment. Upon being

commissioned and assigned to a reserve component, such person shall

be required to serve therein, or in a reserve component of any

other armed force in which he is later appointed, until the eighth

anniversary of the receipt of such commission pursuant to the

provisions of this section. So long as such person performs

satisfactory service, as determined under regulations prescribed by

the Secretary of Defense, he shall be deferred from training and

service under the provisions of this Act. If such person fails to

perform satisfactory service, and such failure is not excused under

regulations prescribed by the Secretary of Defense, his commission

may be revoked by the Secretary of the military department

concerned.

(2) In addition to the training programs enumerated in paragraph

(1) of this subsection, and under such regulations as the Secretary

of Defense (or the Secretary of the Treasury (!3) with respect to

the United States Coast Guard) may approve, the Secretaries of the

military departments and the Secretary of the Treasury (!3) are

authorized to establish officer candidate programs leading to the

commissioning of persons on active duty. Any person heretofore or

hereafter enlisted in the Army Reserve, the Naval Reserve, the

Marine Corps Reserve, the Air Force Reserve, or the Coast Guard

Reserve who thereafter has been or may be commissioned therein upon

graduation from an Officers' Candidate School of such Armed Force

shall, if not ordered to active duty as a commissioned officer, be

deferred from training and service under the provisions of this Act

so long as he performs satisfactory service as a commissioned

officer in an appropriate unit of the Ready Reserve, as determined

under regulations prescribed by the Secretary of the department

concerned. If such person fails to perform satisfactory service in

such unit, and such failure is not excused under such regulations,

his commission may be revoked by such Secretary.

(3) Nothing in this subsection shall be deemed to preclude the

President from providing, by regulations prescribed under

subsection (h) of this section, for the deferment from training and

service of any category or categories of students for such periods

of time as he may deem appropriate.

(4) Omitted.

(5) Notwithstanding paragraph (1), upon the successful completion

by any person of the required course of instruction under any

Reserve Officers' Training Corps program listed in clause (A) of

the first sentence of paragraph (1) and subject to the approval of

the Secretary of the military department having jurisdiction over

him, such person may, without being relieved of his obligation

under that sentence, be tendered, and accept, a commission in the

National Oceanic and Atmospheric Administration instead of a

commission in the appropriate reserve component of the Armed

Forces. If he does not serve on active duty as a commissioned

officer of the National Oceanic and Atmospheric Administration for

at least six years, he shall, upon discharge therefrom, be tendered

a commission in the appropriate reserve component of the Armed

Forces, if he is otherwise qualified for such appointment, and, in

fulfillment of his obligation under the first sentence of paragraph

(1), remain a member of a reserve component until the sixth

anniversary of the receipt of his commission in the National

Oceanic and Atmospheric Administration. While a member of a reserve

component he may, in addition to as otherwise provided by law, be

ordered to active duty for such period that, when added to the

period he served on active duty as a commissioned officer of the

National Oceanic and Atmospheric Administration, equals two years.

(e) Fully qualified and accepted aviation cadet applicants of the

Army, Navy, or Air Force who have signed an agreement of service

shall, in such numbers as may be designated by the Secretary of

Defense, be deferred, during the period covered by the agreement

but not to exceed four months, from induction for training and

service under this title [sections 451 to 471a of this Appendix]

but shall not be exempt from registration.

(f) The Vice President of the United States; the governors of the

several States, Territories, and possessions, and all other

officials chosen by the voters of the entire State, Territory, or

possession; members of the legislative bodies of the United States

and of the several States, Territories, and possessions; judges of

the courts of record of the United States and of the several

States, Territories, possessions, and the District of Columbia

shall, while holding such offices, be deferred from training and

service under this title [sections 451 to 471a of this Appendix] in

the armed forces of the United States.

(g)(1) Regular or duly ordained ministers of religion, as defined

in this title [sections 451 to 471a of this Appendix], shall be

exempt from training and service, but not from registration, under

this title [said sections].

(2) Students preparing for the ministry under the direction of

recognized churches or religious organizations, who are

satisfactorily pursuing full-time courses of instruction in

recognized theological or divinity schools, or who are

satisfactorily pursuing full-time courses of instruction leading to

their entrance into recognized theological or divinity schools in

which they have been preenrolled, shall be deferred from training

and service, but not from registration, under this title [sections

451 to 471a of this Appendix]. Persons who are or may be deferred

under the provisions of this subsection shall remain liable for

training and service in the Armed Forces under the provisions of

section 4(a) of this Act [section 454(a) of this Appendix] until

the thirty-fifth anniversary of the date of their birth. The

foregoing sentence shall not be construed to prevent the exemption

or continued deferment of such persons if otherwise exempted or

deferrable under any other provision of this Act.

(h) Except as otherwise provided in this subsection the President

is authorized, under such rules and regulations as he may

prescribe, to provide for the deferment from training and service

in the Armed Forces of any or all categories of persons whose

employment in industry, agriculture, or other occupations or

employment, or whose continued service in an Office (other than an

Office described in subsection (f)) under the United States or any

State, territory, or possession, or the District of Columbia, or

whose activity in study, research, or medical, dental, veterinary,

optometric, osteopathic, scientific, pharmaceutical, chiropractic,

chiropodial, or other endeavors is found to be necessary to the

maintenance of the national health, safety, or interest: Provided,

That no person within any such category shall be deferred except

upon the basis of his individual status: Provided further, That

persons who are or may be deferred under the provisions of this

section shall remain liable for training and service in the Armed

Forces under the provisions of section 4(a) of this Act [section

454(a) of this Appendix] until the thirty-fifth anniversary of the

date of their birth. This proviso shall not be construed to prevent

the continued deferment of such persons if otherwise deferrable

under any other provisions of this Act. The President is also

authorized, under such rules and regulations as he may prescribe,

to provide for the deferment from training and service in the Armed

Forces (1) of any or all categories of persons in a status with

respect to persons (other than wives alone, except in cases of

extreme hardship) dependent upon them for support which renders

their deferment advisable, and (2) of any or all categories of

those persons found to be physically, mentally, or morally

deficient or defective. For the purpose of determining whether or

not the deferment of any person is advisable, because of his status

with respect to persons dependent upon him for support, any

payments of allowances which are payable by the United States to

the dependents of persons serving in the Armed Forces of the United

States shall be taken into consideration, but the fact that such

payments of allowances are payable shall not be deemed conclusively

to remove the grounds for deferment when the dependency is based

upon financial considerations and shall not be deemed to remove the

ground for deferment when the dependency is based upon other than

financial considerations and cannot be eliminated by financial

assistance to the dependents. Except as otherwise provided in this

subsection, the President is also authorized, under such rules and

regulations as he may prescribe, to provide for the deferment from

training and service in the Armed Forces of any or all categories

of persons who have children, or wives and children, with whom they

maintain a bona fide family relationship in their homes. No

deferment from such training and service in the Armed Forces shall

be made in the case of any individual except upon the basis of the

status of such individual. There shall be posted in a conspicuous

place at the office of each local board a list setting forth the

names and classifications of those persons who have been classified

by such local board. The President may, in carrying out the

provisions of this title [sections 451 to 471a of this Appendix],

recommend criteria for the classification of persons subject to

induction under this title [said sections], and to the extent that

such action is determined by the President to be consistent with

the national interest, recommend that such criteria be administered

uniformly throughout the United States whenever practicable; except

that no local board, appeal board, or other agency of appeal of the

Selective Service System shall be required to postpone or defer any

person by reason of his activity in study, research, or medical,

dental, veterinary, optometric, osteopathic, scientific,

pharmaceutical, chiropractic, chiropodial, or other endeavors found

to be necessary to the maintenance of the national health, safety,

or interest solely on the basis of any test, examination, selection

system, class standing, or any other means conducted, sponsored,

administered, or prepared by any agency or department of the

Federal Government, or any private institution, corporation,

association, partnership, or individual employed by an agency or

department of the Federal Government.

(i)(1) Any person who is satisfactorily pursuing a full-time

course of instruction at a high school or similar institution of

learning and is issued an order for induction shall, upon the facts

being presented to the local board, have his induction postponed

(A) until the time of his graduation therefrom, or (B) until he

attains the twentieth anniversary of his birth, or (C) until he

ceases satisfactorily to pursue such course of instruction,

whichever is the earliest. Notwithstanding the preceding sentence,

any person who attains the twentieth anniversary of his birth after

beginning his last academic year of high school shall have his

induction postponed until the end of that academic year if and so

long as he continues to pursue satisfactorily a full-time course of

instruction.

(2) Any person who while satisfactorily pursuing a full-time

course of instruction at a college, university, or similar

institution is ordered to report for induction under this title

[sections 451 to 471a of this Appendix], shall, upon the

appropriate facts being presented to the local board, have his

induction postponed (A) until the end of the semester or term, or

academic year in the case of his last academic year, or (B) until

he ceases satisfactorily to pursue such course of instruction,

whichever is the earlier.

(j) Nothing contained in this title [sections 451 to 471a of this

Appendix] shall be construed to require any person to be subject to

combatant training and service in the armed forces of the United

States who, by reason of religious training and belief, is

conscientiously opposed to participation in war in any form. As

used in this subsection, the term "religious training and belief"

does not include essentially political, sociological, or

philosophical views, or a merely personal moral code. Any person

claiming exemption from combatant training and service because of

such conscientious objections whose claim is sustained by the local

board shall, if he is inducted into the armed forces under this

title [said sections], be assigned to noncombatant service as

defined by the President, or shall, if he is found to be

conscientiously opposed to participation in such noncombatant

service, in lieu of such induction, be ordered by his local board,

subject to such regulations as the President may prescribe, to

perform for a period equal to the period prescribed in section 4(b)

[section 454(b) of this Appendix] such civilian work contributing

to the maintenance of the national health, safety, or interest as

the Director may deem appropriate and any such person who knowingly

fails or neglects to obey any such order from his local board shall

be deemed, for the purposes of section 12 of this title [section

462 of this Appendix], to have knowingly failed or neglected to

perform a duty required of him under this title [said sections].The

Director shall be responsible for finding civilian work for persons

exempted from training and service under this subsection and for

the placement of such persons in appropriate civilian work

contributing to the maintenance of the national health, safety, or

interest.

(k) No exception from registration, or exemption or deferment

from training and service, under this title [sections 451 to 471a

of this Appendix], shall continue after the cause therefor ceases

to exist.

(l) Notwithstanding any other provisions of law, no person

between the ages of eighteen and twenty-one shall be discharged

from service in the armed forces of the United States while this

title [sections 451 to 471a of this Appendix] is in effect because

such person entered such service without the consent of his parent

or guardian.

(m) No person shall be relieved from training and service under

this title [sections 451 to 471a of this Appendix] by reason of

conviction of a criminal offense, except where the offense of which

he has been convicted may be punished by death, or by imprisonment

for a term exceeding one year.

(n) In the case of any registrant whose principal place of

employment is located outside the appeal board area in which the

local board having jurisdiction over the registrant is located, any

occupational deferment made under subsection (h) of this section

may, within five days after such deferment is made, be submitted

for review and decision to the appeal board having jurisdiction

over the area in which is located the principal place of employment

of the registrant. Such decision of the appeal board shall be final

unless modified or changed by the President, and such decision

shall be made public.

(o) Except during the period of a war or a national emergency

declared by Congress, no person may be inducted for training and

service under this title [sections 451 to 471a of this Appendix]

unless he volunteers for such induction -

(1) if the father or the mother or a brother or a sister of

such person was killed in action or died in line of duty while

serving in the Armed Forces after December 31, 1959, or died

subsequent to such date as a result of injuries received or

disease incurred in line of duty during such service, or

(2) during any period of time in which the father or the mother

or a brother or a sister of such person is in a captured or

missing status as a result of such service.

As used in this subsection, the term "brother" or "sister" means a

brother of the whole blood or a sister of the whole blood, as the

case may be.

-SOURCE-

(June 24, 1948, ch. 625, title I, Sec. 6, 62 Stat. 609; Sept. 27,

1950, ch. 1059, Sec. 1(6), 64 Stat. 1074; June 19, 1951, ch. 144,

title I, Sec. 1(l)-(q), 65 Stat. 83; June 30, 1955, ch. 250, title

I, Sec. 101, 69 Stat. 223; Aug. 9, 1955, ch. 665, Sec. 3(b)-(d), 69

Stat. 603, 604; Pub. L. 85-62, Secs. 6, 7, June 27, 1957, 71 Stat.

208; Pub. L. 85-722, Aug. 21, 1958, 72 Stat. 711; Pub. L. 87-378,

Sec. 1, Oct. 4, 1961, 75 Stat. 807; Pub. L. 87-536, July 18, 1962,

76 Stat. 167; Pub. L. 88-110, Sec. 2, Sept. 3, 1963, 77 Stat. 134;

Pub. L. 88-360, July 7, 1964, 78 Stat. 296; Pub. L. 90-40, Sec.

1(4)-(7), June 30, 1967, 81 Stat. 100-102, 104; Pub. L. 91-604,

Sec. 15(b)(8)(B), Dec. 31, 1970, 84 Stat. 1712; Pub. L. 92-129,

title I, Sec. 101(a)(10)-(22), Sept. 28, 1971, 85 Stat. 349-351;

Pub. L. 93-638, title I, Sec. 104(c), formerly Sec. 105(c), Jan. 4,

1975, 88 Stat. 2208, renumbered Sec. 104(c), Pub. L. 100-472, title

II, Sec. 203(a), Oct. 5, 1988, 102 Stat. 2290; Pub. L. 94-106,

title VIII, Sec. 802(d), Oct. 7, 1975, 89 Stat. 537; Pub. L.

96-584, Sec. 3(a), Dec. 23, 1980, 94 Stat. 3377; Pub. L. 98-525,

title XV, Sec. 1531, Oct. 19, 1984, 98 Stat. 2631; Pub. L. 103-337,

div. A, title XVI, Sec. 1677(f), Oct. 5, 1994, 108 Stat. 3020; Pub.

L. 107-296, title XVII, Sec. 1704(e)(11)(C), Nov. 25, 2002, 116

Stat. 2315.)

-REFTEXT-

REFERENCES IN TEXT

Act of August 5, 1954 (68 Stat. 674), as amended, referred to in

subsec. (a)(2), is act Aug. 5, 1954, ch. 658, 68 Stat. 674, as

amended, which is classified generally to subchapter I (Sec. 2001

et seq.) of chapter 22 of Title 42, The Public Health and Welfare.

For complete classification of this Act to the Code, see Tables.

This Act, referred to in subsecs. (a)(3), (b)(3), (c)(2)(A) to

(D), (d)(1), (2), (g)(2), and (h), is act June 24, 1948, ch. 625,

62 Stat. 604, as amended, known as the Military Selective Service

Act. For complete classification of this Act to the Code, see

References in Text note set out under section 451 of this Appendix

and Tables.

Section 262 of the Armed Forces Reserve Act of 1952, as amended

[50 U.S.C. 1013], referred to in subsec. (c)(2)(D), was repealed by

Pub. L. 88-110, Sec. 1, Sept. 3, 1963, 77 Stat. 134.

Act of August 13, 1946 (60 Stat. 1057), as amended, referred to

in subsec. (d)(1), is act Aug. 13, 1946, ch. 962, 60 Stat. 1057, as

amended. The Act was repealed by section 53 of act Aug. 10, 1956,

ch. 1041, 70A Stat. 641, section 1 of which enacted Title 10, Armed

Forces. Provisions of the 1946 Act relating to the naval and Marine

Corps officer candidate training program were reenacted in sections

6903 to 6908 of Title 10. Sections 6903 to 6908 of Title 10 were

repealed by Pub. L. 88-647, Sec. 301(17), Oct. 13, 1964, 78 Stat.

1072, and replaced by chapters 102 and 103 of Title 10.

-MISC1-

AMENDMENTS

2002 - Subsec. (d)(1). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation" in two places.

1994 - Subsec. (c)(2)(A). Pub. L. 103-337, Sec. 1677(f)(1),

substituted "section 10147 of title 10" for "section 270 of title

10" in concluding provisions.

Subsec. (c)(2)(D). Pub. L. 103-337, Sec. 1677(f)(2), substituted

"section 12103 of title 10" for "section 511(b) of title 10".

Subsec. (d)(1). Pub. L. 103-337, Sec. 1677(f)(3), substituted

"section 10147 of title 10" for "section 270(a) of title 10".

1984 - Subsec. (o). Pub. L. 98-525 inserted reference to mother

in cls. (1) and (2), exempting from induction any person whose

mother was killed in line of duty.

1980 - Subsec. (d)(1). Pub. L. 96-584 struck out minimum active

duty requirement of not less than three months.

1975 - Subsec. (a)(2). Pub. L. 93-638 inserted provision relating

to assignment of personnel to assist Indian tribes, groups, bands

or communities.

Subsec. (c)(2)(A). Pub. L. 94-106, in provisions relating to

deferment of certain persons from induction who completed six years

of active service as members of the Ready Reserve or National

Guard, substituted requirement of performance of active duty for

training with an armed force for not less than twelve consecutive

weeks during such service for requirement of performance of such

active duty for not less than four consecutive months.

1971 - Subsec. (a)(1). Pub. L. 92-129, Sec. 101(a)(10), (11),

inserted proviso making subject to registration an alien lawfully

admitted for permanent residence who by reason of occupational

status is subject to adjustment to non-immigrant status but who

executes a waiver of all rights, privileges, exemptions, and

immunities which would otherwise accrue to him as a result of that

occupational status, and granting a deferment from induction to

such alien for so long as such occupational status continues, and

substituted "twelve months" for "eighteen months" as the period of

requisite service in the armed forces of a nation with which the

United States is associated in mutual defense activities in order

to gain an exemption from training and service.

Subsec. (b)(3). Pub. L. 92-129, Sec. 101(a)(12), substituted

reference to "section 5(a) of this Act [section 455(a) of this

Appendix]" for reference to "section 4(i) of this Act [section

454(i) of this Appendix]".

Subsec. (b)(4). Pub. L. 92-129, Sec. 101(a)(13), struck out

reference to section 4(g) [section 454(g) of this Appendix].

Subsec. (d)(1). Pub. L. 92-129, Sec. 101(a)(14), substituted

"Secretary of Transportation" for "Secretary of the Treasury" and

"section 651 of Title 10" for "section 4(d)(3) of this Act",

respectively.

Subsec. (d)(5). Pub. L. 92-129, Sec. 101(a)(15), reflected

creation of National Oceanic and Atmospheric Administration and

transfer to such newly created Administration of former Coast and

Geodetic Survey.

Subsec. (g). Pub. L. 92-129, Sec. 101(a)(16), changed from an

exemption to a deferment the status to be accorded divinity

students, with such students to remain liable for training and

service until their 35th birthday.

Subsec. (h). Pub. L. 92-129, Sec. 101(a)(17), (18), struck out

provisions formerly designated as par. (1) which had covered

college student deferments, struck the designation "(2)" preceding

the remaining provisions which had theretofore been designated par.

(2), and, in such provisions, struck out reference to deferments

for persons engaged in graduate study.

Subsec. (i)(1). Pub. L. 92-129, Sec. 101(a)(19), substituted

provisions allowing a postponement of induction for high school

students for provisions creating a deferment for such students and

inserted provisions allowing an additional postponement of

induction until the end of the academic year for high school

students who turn 20 during their last year of high school provided

that they continue to pursue satisfactorily a full-time course of

instruction.

Subsec. (i)(2). Pub. L. 91-129, Sec. 101(a)(20), substituted

provisions allowing a postponement of induction for college

students for provisions creating a deferment for such students and

struck out references to previous deferments and postponements and

to the President's former authority to allow for student

deferments.

Subsec. (j). Pub. L. 92-129, Sec. 101(a)(21), substituted

"Director" for "local board pursuant to Presidential regulations"

and inserted sentence charging the Director with the responsibility

for finding civilian work for persons exempted from training and

service and for their placement in appropriate civilian work.

Subsec. (o). Pub. L. 92-129, Sec. 101(a)(22), inserted provisions

for an exemption from training and service during a period of time

in which the father or a brother or sister of a person is in a

captured or missing status and struck out provisions limiting the

exemption from service provided under this subsection to the sole

surviving son of the family.

1970 - Subsec. (b)(2). Pub. L. 91-604 inserted "the Environmental

Protection Agency," after "Department of Justice,".

1967 - Subsec. (a). Pub. L. 90-40, Sec. 1(5), designated existing

provisions as par. (1), substituted "Environmental Science Services

Administration" for "Coast and Geodetic Survey", removed

commissioned officers, warrant officers, pay clerks, enlisted men,

aviation cadets, and, while on active duty, members of the reserve

component, of the Public Health Service from the list of enumerated

personnel relieved from the registration requirement of section 453

and the training and service requirement of section 454, added

cadets, United States Air Force Academy, to such lists, and

inserted proviso that a person in a medical, dental, or allied

specialist category not otherwise deferred or exempted under

subsec. (a) be liable for registration, training, and service until

the thirty-fifth anniversary of the date of his birth, and added

par. (2).

Subsec. (c)(2)(A). Pub. L. 90-40, Sec. 1(4), gave standby

authority to both the Governors of the individual States, in the

case of the National Guard, and to the President, in the case of

the other reserve components, to permit the voluntary enlistment of

registrants into these components during the period following their

receipt of an induction notice and the date required for their

actual induction, provided that there had previously issued a

proclamation that the Governor or the President is not otherwise

able to maintain the personnel strengths of the respective

components.

Subsec. (h). Pub. L. 90-40, Sec. 1(6), established uniform

criteria for all undergraduate deferments to continue only until a

registrant receives a baccalaureate degree, fails to pursue a

full-time course of instruction satisfactorily, or reaches the age

of 24, whichever occurs first, at which point students are required

to be exposed to the hazards of induction in the prime age group in

the same manner as their contemporaries who had not been provided

student deferments, continued the President's wide latitude in

providing deferments for graduate students in medicine, dentistry,

or other subjects deemed essential to the national health, safety,

or interest, continued the President's authority to prescribe areas

of deferment based upon occupations or professions essential to the

national interest, and called for greater uniformity in the

administration of classification criteria for persons subject to

induction.

Subsec. (j). Pub. L. 90-40, Sec. 1(7), struck out provision that

religious training and belief stem from the individual's belief in

a relation to a Supreme Being involving duties superior to those

arising from any human relationship, and struck out requirement for

a hearing by the Department of Justice when there is an appeal from

a local board decision denying conscientious objector status.

1964 - Subsec. (o). Pub. L. 88-360 exempted sole surviving sons

from induction in cases where the father was killed in action or in

line of duty, permitted the sole surviving son to volunteer for

induction, and terminated the exemption during time of war or

national emergency thereafter declared by Congress.

1963 - Subsec. (c)(2). Pub. L. 88-110, among other changes,

authorized deferment of persons who prior to attaining age 26 and

to the issuance of induction orders enlisted or accepted

appointment in the Ready Reserve of any reserve component, Army

National Guard, or Air National Guard, and served satisfactorily,

exempted such persons from induction after completing 6 years

service and who during such service performed active duty for

training for not less than 4 consecutive months, and struck out

provisions which deferred persons who prior to attaining 18 years

and 6 months of age, and prior to issuance of induction orders,

enlisted or accepted appointment in any organized unit of the

National Guard, exempted such persons from training and service by

reason of subsec. (h) of this section after they attained age 28,

or who completed 8 years of service in such unit and performed

active duty for training for not less than 3 consecutive months,

authorized the President to accept enlistments in the Ready

Reserve, whenever he determined its strength could not be

maintained at a necessary level for defense, of persons who had not

attained age 18 years and 6 months, and who had not been ordered to

report for induction, and exempted such persons from liability

under subsec. (h) of this section after attaining age 28 years,

permitted volunteers to perform a period of active duty pursuant to

section 1013 of Title 50, and exempted such persons from induction

after serving 8 years in the Ready Reserve.

1962 - Subsec. (d). Pub. L. 87-536 inserted "Except as provided

in paragraph (5)," before "upon the successful completion by any

person" and added par. (5).

1961 - Subsec. (c)(2). Pub. L. 87-378, Sec. 1(1), included

members of the National Guard deferred by clause (A) of this

paragraph, or any person enlisted or appointed in the Ready Reserve

of any reserve component other than under section 511(b) of this

title, the Army National Guard or the Air National Guard after Oct.

4, 1961, but prior to attaining age 26, who fail to serve

satisfactorily as a member of their components within clause (E) of

this paragraph, and struck out "or appointed" after "may provide

that any person enlisted".

Subsec. (d)(1). Pub. L. 87-378, Sec. 1(2), substituted "If, at

the time of, or subsequent to, such appointment" for "If, at the

time of such appointment", changed the period of active duty for

training in grade, where the armed force in which such person is

commissioned does not require his service on active duty, from 6

months to a period of not less than 3 months or more than 6 months,

not including duty performed under section 270(a) of Title 10,

Armed Forces, as is determined to qualify such person for a

mobilization assignment, and substituted the requirement that upon

being commissioned and assigned to a reserve component, such person

must serve therein, or in a reserve component of any other armed

force in which he is later appointed, for provisions which required

such person to be returned to inactive duty and assigned to an

appropriate reserve unit upon completion of the required period of

active duty for training.

1958 - Subsec. (c)(2)(F). Pub. L. 85-722 added subpar. (F).

1957 - Subsec. (b)(5)(E). Pub. L. 85-62, Secs. 6, 9, temporarily,

added subpar. (E). See Effective and Termination Dates of 1957

Amendment note below.

Subsec. (d)(4). Pub. L. 85-62, Secs. 7, 9, added par. (4). See

Effective and Termination Dates of 1957 Amendment note below.

1955 - Subsec. (a). Act June 30, 1955, Sec. 101(a), exempted from

training and service, but not from registration, those persons who

served on active duty for not less than 18 months since June 24,

1948 in the armed forces of a nation with which the United States

is associated in mutual defense activities.

Subsec. (b)(3). Act June 30, 1955, Sec. 101(b), exempted

individuals who have served not less than one year after September

16, 1940, or who were discharged after such date for the

convenience of the Government and had served not less than six

months, or who served not less than twenty-four months in the

Public Health Service or in the Coast and Geodetic Survey.

Subsec. (c)(2). Act Aug. 9, 1955, Sec. 3(b), exempted from

induction persons who have completed eight years of satisfactory

service as members of an organized unit of the National Guard, with

a minimum of not less than three consecutive months of active duty

for training, and added cls. (C), (D), and (E).

Subsec. (c)(2)(A). Act June 30, 1955, Sec. 101(c), inserted

provisions to exempt persons from liability for induction after

attaining age 28.

Subsec. (d)(1). Act Aug. 9, 1955, Sec. 3(c), deferred from

induction any person who agrees to remain a member of a regular or

reserve component until the sixth anniversary of the receipt of a

commission, provided that all qualified graduates must be tendered

a commission in the appropriate reserve component, and permitted

active duty for training for a period of six months upon completion

of which he must serve in the component in which appointed until

the eighth anniversary of the receipt of the commission.

Subsec. (d)(2). Act Aug. 9, 1955, Sec. 3(d), permitted deferment

of commissioned officers who perform satisfactory service in an

appropriate unit of the Ready Reserve.

Subsec. (h). Act June 30, 1955, Sec. 101(d), provided that

determination of deferment shall not be based on existence of a

shortage or a surplus of any agricultural commodity.

1951 - Subsec. (a). Act June 19, 1951, Sec. 1(l), exempted Naval

reserve midshipmen attending merchant marine schools and students

enrolled in military colleges which have approved ROTC courses from

registration and induction.

Subsec. (c). Act June 19, 1951, Sec. 1(m), substituted "February

1, 1941" for "the effective date of this title" in par. (1),

inserted "prior to the determination by the Secretary of Defense

that adequate trained personnel are available to the National Guard

to enable it to maintain its strength authorized by current

appropriations, and prior to the issuance of orders for him to

report for induction" after "six months" in par. (2)(A), and

inserted ", paragraph (1) of this subsection" after "subsection

(b)" in par. (2)(B).

Subsec. (d). Act June 19, 1951, Sec. 1(n), continued deferments

to ROTC members but increased their period of service from 2 years

to 6 years after receiving their commission (including 2 years

active duty or 3 years active duty if financial assistance is

received), authorized establishment of other training programs, and

provided for the President's deferment power.

Subsec. (h). Act June 19, 1951, Sec. 1(o), removed the

President's authority to defer married men who have no dependents

other than a wife solely on a basis of such marriage unless extreme

hardship is involved, permitted the induction of persons now

deferred until the thirty-fifth anniversary of their birth should

the basis for deferment terminate after their 26th birthday, and

inserted "dental, optometric, osteopathic, and chiropractic" to

list of endeavors which may be considered for deferment purposes.

Subsec. (i). Act June 19, 1951, Sec. 1(p), authorized deferment

of high school and college students in lieu of postponement of

induction in order to give them an opportunity to enlist in the

branch of service of their choice during such deferment period.

Subsec. (j). Act June 19, 1951, Sec. 1(q), substituted "in lieu

of such induction, be ordered by his local board, subject to such

regulations as the President may prescribe, to perform for a period

equal to the period prescribed in section 4(b) such civilian work

contributing to the maintenance of the national health, safety, or

interest as the local board may deem appropriate and any such

person who knowingly fails or neglects to obey any such order from

his local board shall be deemed, for the purposes of section 12 of

this title, to have knowingly failed or neglected to perform a duty

required of him under this title" for "be deferred" in third

sentence, and "he shall in lieu of such induction be ordered by his

local board, subject to such regulations as the President may

prescribe, to perform for a period equal to the period prescribed

in section 4(b) such civilian work contributing to the maintenance

of the national health, safety, or interest as the local board may

deem appropriate and any such person who knowingly fails or

neglects to obey any such order from his local board shall be

deemed, for the purposes of section 12 of this title, to have

knowingly failed or neglected to perform a duty required of him

under this title" for "he shall be deferred" in seventh sentence.

1950 - Subsec. (b)(2). Act Sept. 27, 1950, struck out of subpars.

(A) and (B) "or the Coast Guard", "(or the Coast Guard)", and "or

in the Coast Guard" wherever appearing.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of Title 10, Armed

Forces.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 3(b) of Pub. L. 96-584 provided that: "The amendment made

by subsection (a) [amending this section] shall apply only to

persons ordered to active duty for training after the effective

date of this Act [Dec. 23, 1980]."

EFFECTIVE AND TERMINATION DATES OF 1957 AMENDMENT

Amendment by Pub. L. 85-62 to take effect on July 1, 1957, and

terminate on July 1, 1973, see section 9 of Pub. L. 85-62, set out

as a note under section 454 of this Appendix.

SAVINGS PROVISION; REPEAL OF COLLEGE STUDENT DEFERMENT

Section 101(b) of Pub. L. 92-129 provided that: "Notwithstanding

the repeal of section 6(h)(1) of the Military Selective Service Act

of 1967 [subsec. (h)(1) of this section] made by subsection (a)(17)

of this section, any person (1) who is satisfactorily pursuing a

full-time course of instruction at a college, university, or

similar institution of higher learning, (2) who met the academic

requirements of a student deferment prescribed in such section

6(h)(1), and (3) who was satisfactorily pursuing such a full-time

course prior to the date of enactment of this Act [Sept. 28, 1971]

and during the 1970-1971 regular academic school year shall be

deferred from induction for training and service in the Armed

Forces under the same terms and conditions such person would have

been deferred under the provisions of such section 6(h)(1) had such

provision not been repealed."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Coast Guard transferred to Department of Transportation, and

functions, powers, and duties relating to Coast Guard of Secretary

of the Treasury and of all other officers and offices of Department

of the Treasury transferred to Secretary of Transportation by Pub.

L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section

6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding

such transfer of functions, Coast Guard shall operate as part of

Navy in time of war or when President directs as provided in

section 3 of Title 14, Coast Guard. See section 108 of Title 49,

Transportation.

For transfer of functions of other officers, employees, and

agencies of Department of the Treasury, with certain exceptions, to

Secretary of the Treasury with power to delegate, see Reorg. Plan

No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64

Stat. 1280, 1281, set out in the Appendix to Title 5, Government

Organization and Employees. Functions of Coast Guard, and

Commandant of Coast Guard, excepted from transfer when Coast Guard

is operating as part of Navy under sections 1 and 3 of Title 14,

Coast Guard.

Environmental Science Services Administration in Department of

Commerce, including offices of Administrator and Deputy

Administrator thereof, abolished by Reorg. Plan No. 4 of 1970, eff.

Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix

to Title 5, Government Organization and Employees, which created

National Oceanic and Atmospheric Administration in Department of

Commerce and transferred personnel, property, records, and

unexpended balances of funds of Environmental Science Services

Administration to such newly created National Oceanic and

Atmospheric Administration. Components of Environmental Science

Services Administration thus transferred included Weather Bureau

[now National Weather Service], Coast and Geodetic Survey [now

National Ocean Survey], Environmental Data Service, National

Environmental Satellite Center, and ESSA Research Laboratories.

In order to implement the provisions of Reorganization Plan No. 4

of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, the

following organizational names appearing in chapter IX of subtitle

B of Title 15, Code of Federal Regulations, which covers

administration of National Oceanic and Atmospheric Administration,

were changed by order of Acting Associate Administrator, 35 F.R.

19249, Dec. 19, 1970, as follows: Environmental Science Services

Administration to National Oceanic and Atmospheric Administration

(ESSA to NOAA); Coast and Geodetic Survey to National Ocean Survey;

and Weather Bureau to National Weather Service.

Coast and Geodetic Survey consolidated with National Weather

Bureau in 1965 to form Environmental Science Services

Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30

F.R. 8819, 79 Stat. 1318. Environmental Science Services

Administration abolished in 1970 and its personnel, property,

records, etc., transferred to National Oceanic and Atmospheric

Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35

F.R. 15627, 84 Stat. 2090. By order of Acting Associate

Administrator of National Oceanic and Atmospheric Administration,

35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey

redesignated National Ocean Survey. See notes set out under section

311 of Title 15, Commerce and Trade.

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government

Organization and Employees. Secretary of Health, Education, and

Welfare redesignated Secretary of Health and Human Services by

section 3508(b) of Title 20, Education.

DELEGATION OF FUNCTIONS

Functions of President delegated to Director of Selective Service

concerning establishment, implementation, and administration of

program for return of Vietnam era draft evaders and military

deserters, see Ex. Ord. No. 11804, Sept. 16, 1974, 39 F.R. 33299,

set out under section 462 of this Appendix.

-MISC2-

DISCHARGE OF SURVIVING SONS

Section 101(d) of Pub. L. 92-129 provided that:

"(1) Subject to the provisions of paragraph (2) of this

subsection any surviving son or sons of a family who (A) were

inducted into the Armed Forces under the Military Selective Service

Act of 1967 [see References in Text note set out under section 451

of this Appendix], (B) have not reenlisted or otherwise voluntarily

extended their period of active duty in the Armed Forces, and (C)

are serving on active duty with the Armed Forces on or after the

date of enactment of this subsection [Sept. 28, 1971], and such son

or sons could not, if they were not in the Armed Forces, be

involuntarily inducted into military service under the Military

Selective Service Act as a result of the amendment made by

paragraph (22) of subsection (a) of this section [amending subsec.

(o) of this section], such surviving son or sons shall, upon

application, be promptly discharged from the Armed Forces.

"(2) The provisions of paragraph (1) of this subsection shall not

apply in the case of any member of the Armed Forces against whom

court-martial charges are pending, or in the case of any member who

has been tried and convicted by a court-martial for an offense and

whose case is being reviewed or appealed, or in the case of any

member who has been tried and convicted by a court-martial for an

offense and who is serving a sentence (or otherwise satisfying

punishment) imposed by such court-martial, until final action

(including completion of any punishment imposed pursuant to such

court-martial) has been completed with respect to such charges,

review, or appeal, or until the sentence has been served (or until

any other punishment imposed has been satisfied), as the case may

be. The President shall have authority to implement the provisions

of this subsection by regulations.

"(3) Notwithstanding the amendment made by paragraph (22) of

subsection (a) of this section [amending subsec. (o) of this

section], except during the period of a war or a national emergency

declared by Congress, the sole surviving son of any family in which

the father or one or more sons or daughters thereof were killed in

action before January 1, 1960, or died in line of duty before

January 1, 1960, while serving in the Armed Forces of the United

States, or died subsequent to such date as a result of injuries

received or disease incurred before such date during such service

shall not be inducted under the Military Selective Service Act [see

References in Text note set out under section 451 of this Appendix]

unless he volunteers for induction."

PRIOR OBLIGATED SERVICE

Section 5 of Pub. L. 88-110 provided that: "This Act [amending

subsec. (c)(2) of this section, section 463(a) of this Appendix and

sections 270(b) and 511 [now 12103] of Title 10, Armed Forces, and

repealing section 1013 of Title 50, War and National Defense] shall

not affect any term of obligated service incurred before the

effective date of this Act [Sept. 3, 1963]. In addition, the

enactment of this Act [Sept. 3, 1963] shall not increase the

minimum period of active duty or active duty for training that is

required on the day before the effective date of this Act to earn

an exemption from training and service under the Universal Military

Training and Service Act, as amended (50 U.S.C. App. 451 et seq.),

in the case of persons who entered the Armed Forces before the

effective date of this Act."

-EXEC-

PROGRAM FOR RETURN OF VIETNAM ERA DRAFT EVADERS AND MILITARY

DESERTERS

Proc. No. 4313, Sept. 16, 1974, 39 F.R. 33293, 88 Stat. 2504, set

out under section 462 of this Appendix, provided for a program for

return of Vietnam era draft evaders and military deserters.

EXECUTIVE ORDER NO. 11803

Ex. Ord. No. 11803, Sept. 16, 1974, 39 F.R. 33297, set out under

section 462 of this Appendix, provided for review by Clemency Board

of convictions of violations under subsec. (j) of this section.

EX. ORD. NO. 10028. DEFINITION OF NONCOMBATANT SERVICE AND

NONCOMBATANT TRAINING

Ex. Ord. No. 10028, Jan. 13, 1949, 14 F.R. 211, provided:

1. The term "noncombatant service" shall mean (a) service in any

unit of the armed forces which is unarmed at all times; (b) service

in the medical department of any of the armed forces, wherever

performed; or (c) any other assignment the primary function of

which does not require the use of arms in combat; provided that

such other assignment is acceptable to the individual concerned and

does not require him to bear arms or to be trained in their use.

2. The term "noncombatant training" shall mean any training which

is not concerned with the study, use, or handling of arms or

weapons.

Harry S Truman.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 454, 467 of this

Appendix; title 10 sections 513, 651, 12103, 12104; title 37

sections 209, 308e.

-FOOTNOTE-

(!1) See Transfer of Functions note below.

(!2) See Transfer of Functions note below.

(!3) See Transfer of Functions note below.

-End-

-CITE-

50 USC APPENDIX Sec. 457 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 457. Repealed. June 19, 1951, ch. 144, Sec. 1(r), 65 Stat. 86

-MISC1-

Section, act June 24, 1948, ch. 625, title I, Sec. 7, 62 Stat.

614, related to active duty for certain members of reserve

components.

-End-

-CITE-

50 USC APPENDIX Sec. 458 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 458. Bounties for induction; substitutes; purchase of release

-STATUTE-

No bounty may be paid to induce any person to be inducted into an

armed force. A clothing allowance authorized by law is not a bounty

for the purposes of this section. No person liable for training and

service under this Act may furnish a substitute for that training

or service. No person may be enlisted, inducted, or appointed in an

armed force as a substitute for another. No person liable for

training and service under section 4 [section 454 of this Appendix]

may escape that training and service or be discharged before the

end of his period of training and service by paying money or any

other valuable thing as consideration for his release from that

training and service or liability therefor.

-SOURCE-

(June 24, 1948, ch. 625, title I, Sec. 8, 62 Stat. 614; Aug. 10,

1956, ch. 1041, Sec. 22(d), 70A Stat. 630.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act June 24, 1948, ch. 625, 62

Stat. 604, as amended, known as the Military Selective Service Act.

For complete classification of this Act to the Code, see References

in Text note set out under section 451 of this Appendix and Tables.

-COD-

CODIFICATION

Section 8 of act June 24, 1948, 62 Stat. 614, cited as a credit

to this section, was repealed by act Aug. 10, 1956, ch. 1041, Sec.

53, 70A Stat. 641, 678, and provisions thereof (as applicable to

induction) were restated in this section by section 22(d) of act

Aug. 10, 1956. Provisions of such section 8 (less applicability to

induction) were restated by first section of act Aug. 10, 1956, as

section 514 of Title 10, Armed Forces.

-MISC1-

AMENDMENTS

1956 - Act Aug. 10, 1956, struck out provisions which prohibited

payment of any bounty to induce any person to enlist into Armed

Forces. See section 514 of Title 10, Armed Forces.

-End-

-CITE-

50 USC APPENDIX Sec. 459 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 459. Separation from service

-STATUTE-

(a) Certificate recording proficiency and merit; physical

examination

Any person inducted into the armed forces under this title

[sections 451 to 471a of this Appendix] for training and service,

who, in the judgment of those in authority over him, satisfactorily

completes his period of training and service under section 4(b)

[section 454(b) of this Appendix] shall be entitled to a

certificate to that effect upon the completion of such period of

training and service, which shall include a record of any special

proficiency or merit attained. In addition, each such person who is

inducted into the armed forces under this title [said sections] for

training and service shall be given a physical examination at the

beginning of such training and service, and upon the completion of

his period of training and service under this title [said

sections], each such person shall be given another physical

examination and, upon his written request, shall be given a

statement of physical condition by the Secretary concerned:

Provided, That such statement shall not contain any reference to

mental or other conditions which in the judgment of the Secretary

concerned would prove injurious to the physical or mental health of

the person to whom it pertains: Provided further, That, if upon

completion of training and service under this title [said

sections], such person continues on active duty without an

interruption of more than seventy-two hours as a member of the

Armed Forces of the United States, a physical examination upon

completion of such training and service shall not be required

unless it is requested by such person, or the medical authorities

of the Armed Force concerned determine that the physical

examination is warranted.

(b) Right to vote; manner; poll tax

Any person inducted into the armed forces for training and

service under this title [sections 451 to 471a of this Appendix]

shall, during the period of such service, be permitted to vote in

person or by absentee ballot in any general, special, or primary

election occurring in the State of which he is a resident, whether

he is within or outside such State at the time of such election, if

under the laws of such State he is otherwise entitled so to vote in

such election; but nothing in this subsection shall be construed to

require granting to any such person a leave of absence or furlough

for longer than one day in order to permit him to vote in person in

any such election. No person inducted into, or enlisted in, the

armed forces for training and service under this title [said

sections] shall, during the period of such service, as a condition

of voting in any election for President, Vice President, electors

for President or Vice President, or for Senator or Member of the

House of Representatives, be required to pay any poll tax or other

tax or make any other payment to any State or political subdivision

thereof.

(c) Reports on separated personnel

The Secretary of a military department, and the Secretary of

Homeland Security with respect to the Coast Guard, shall furnish to

the Selective Service System hereafter established a report of

separation for each person separated from active duty.

-SOURCE-

(June 24, 1948, ch. 625, title I, Sec. 9, 62 Stat. 614; Sept. 27,

1950, ch. 1059, Sec. 1(7)-(10), 64 Stat. 1074; June 19, 1951, ch.

144, title I, Sec. 1(s), 65 Stat. 86; July 12, 1955, ch. 327, 69

Stat. 295; July 9, 1956, ch. 523, Sec. 1, 70 Stat. 509; Pub. L.

86-632, Sec. 1, July 12, 1960, 74 Stat. 467; Pub. L. 87-391, Oct.

4, 1961, 75 Stat. 821; Pub. L. 90-491, Sec. 1, Aug. 17, 1968, 82

Stat. 790; Pub. L. 92-129, title I, Sec. 101(a)(23), Sept. 28,

1971, 85 Stat. 351; Pub. L. 93-508, title IV, Sec. 405, Dec. 3,

1974, 88 Stat. 1600; Pub. L. 107-296, title XVII, Sec.

1704(e)(11)(D), Nov. 25, 2002, 116 Stat. 2315.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-296 substituted "Secretary of a

military department, and the Secretary of Homeland Security with

respect to the Coast Guard," for "Secretaries of Army, Navy, Air

Force, or Transportation".

1974 - Subsecs. (b), (c). Pub. L. 93-508, Sec. 405(1), (2),

redesignated subsecs. (i) and (j) as (b) and (c), respectively.

Former subsecs. (b) and (c), relating to reemployment rights and

consideration of training and service in the armed forces as

furlough or leave of absence, were struck out. See section 2021 et

seq. of Title 38, Veterans' Benefits.

Subsecs. (d) to (h). Pub. L. 93-508, Sec. 405(1), repealed

subsecs. (d) to (h) relating to jurisdiction of district courts to

enforce compliance with the reemployment provisions, legal

assistance by United States attorneys to claimants of reemployment

benefits, reemployment by Federal Government, priority of rights to

reemployment, and reemployment benefits to persons enlisting or

called to active duty. See section 2021 et seq. of Title 38,

Veterans' Benefits.

Subsecs. (i), (j). Pub. L. 93-508, Sec. 405(2), redesignated

subsecs. (i) and (j) as (b) and (c), respectively.

1971 - Subsec. (j). Pub. L. 92-129 substituted "or

Transportation" for "or Treasury".

1968 - Subsec. (c)(3). Pub. L. 90-491, Sec. 1(1), added par. (3).

Subsec. (d). Pub. L. 90-491, Sec. 1(2), included cases where any

private employer fails or refuses to comply with provisions of

subsec. (c)(3) of this section.

Subsec. (g)(1). Pub. L. 90-491, Sec. 1(3), substituted "does not

exceed five years, provided that the service in excess of four

years after August 1, 1961, is at the request and for the

convenience of the Federal Government" for "does not exceed four

years".

Subsec. (g)(2). Pub. L. 90-491, Sec. 1(4), designated existing

provisions as par. (A) and added par. (B).

1961 - Subsec. (g)(1). Pub. L. 87-391 permitted four years

service after Aug. 1, 1961, in addition to four years service

between June 24, 1948, and Aug. 1, 1961, without loss of

reemployment rights.

Subsec. (g)(2). Pub. L. 87-391 permitted four years service after

Aug. 1, 1961, in addition to four years service between June 24,

1948, and Aug. 1, 1961, without loss of reemployment rights.

Subsec. (g)(4). Pub. L. 87-391 struck out requirement that

persons who are rejected for military service must have requested a

leave of absence from their employers for purpose of determining

their physical fitness to enter Armed Forces in order to insure

reemployment rights.

Subsec. (g)(5), (6). Pub. L. 87-391 added par. (5) and

redesignated former par. (5) as (6).

1960 - Subsec. (g)(2). Pub. L. 86-632, Sec. 1(1), inserted "and

other than for training" after "physical fitness" in parenthetical

phrase.

Subsec. (g)(3). Pub. L. 86-632, Sec. 1(2), substituted the

existing reemployment provisions for provisions granting a leave of

absence to perform training duty or to be examined to determine

fitness to enter the armed forces and requiring application for

reinstatement to be made within thirty days following release from

training duty or rejection for service.

Subsec. (g)(4), (5). Pub. L. 86-632, Sec. 1(3), added pars. (4)

and (5).

1956 - Subsec. (d). Act July 9, 1956, inserted reference to

subsection (g) of this section.

1955 - Subsec. (a). Act July 12, 1955, inserted proviso removing

requirement for a final physical examination for inductees who

continue on active duty in another status in the Armed Forces.

1951 - Subsec. (g). Act June 19, 1951, clarified reemployment

rights with respect to restoration to a position of like seniority,

status, and pay.

1950 - Subsec. (g)(1). Act Sept. 27, 1950, Sec. 1(7), struck out

"or the Coast Guard (other than a reserve component)" and "or the

Coast Guard" after "(other than in a reserve component)".

Subsec. (g)(2). Act Sept. 27, 1950, Sec. 1(8), struck out ", the

Coast Guard" after "United States".

Subsec. (h). Act Sept. 27, 1950, Sec. 1(9), struck out ", the

Coast Guard" after "United States".

Subsec. (j). Act Sept. 27, 1950, Sec. 1(10), struck out "or"

after "Navy" and inserted ", or Treasury" after "Air Force".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section

503 of Pub. L. 93-508, set out as a note under section 3452 of

Title 38, Veterans' Benefits.

EFFECTIVE DATE OF 1960 AMENDMENT

Section 3 of Pub. L. 86-632 provided that: "This Act [amending

this section and section 1013 of Title 50, War and National

Defense] shall take effect upon the expiration of sixty days from

the date of its enactment [July 12, 1960]."

EFFECTIVE DATE OF 1956 AMENDMENT

Section 2 of act July 9, 1956, provided that: "The amendment made

by the first section of this Act [amending this section] shall take

effect as of June 19, 1951."

-End-

-CITE-

50 USC APPENDIX Sec. 460 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 460. Selective Service System

-STATUTE-

(a) Establishment; construction; appointment of Director;

termination and reestablishment of Office of Selective Service

Records

(1) There is established in the executive branch of the

Government an agency to be known as the Selective Service System,

and a Director of Selective Service who shall be the head thereof.

(2) The Selective Service System shall include a national

headquarters, at least one State headquarters in each State,

Territory, and possession of the United States, and in the District

of Columbia, and the local boards, appeal boards, and other

agencies provided for in subsection (b)(3) of this section.

(3) The Director shall be appointed by the President, by and with

the advice and consent of the Senate.

(4) The functions of the Office of Selective Service Records

(established by the Act of March 31, 1947 [sections 321 to 329 of

this Appendix]) and of the Director of the Office of Selective

Service Records are transferred to the Selective Service System and

the Director of Selective Service, respectively. The personnel,

property, records, and unexpended balances (available or to be made

available) of appropriations, allocations, and other funds of the

Office of Selective Service Records are transferred to the

Selective Service System. The Office of Selective Service Records

shall cease to exist upon the taking effect of the provisions of

this title [sections 451 to 471a of this Appendix]: Provided, That,

effective upon the termination of this title [said sections] and

notwithstanding such termination in other respects, (A) the said

Office of Selective Service Records is reestablished on the same

basis and with the same functions as obtained prior to the

effective date of this title [June 24, 1948], (B) said

reestablished Office shall be responsible for liquidating any other

outstanding affairs of the Selective Service System, and (C) the

personnel, property, records, and unexpended balances (available or

to be made available) of appropriations, allocations, and other

funds of the Selective Service System shall be transferred to such

reestablished Office of Selective Service Records.

(b) Administrative provisions

The President is authorized to undertake the following:

(1) To prescribe the necessary rules and regulations to carry

out the provisions of this title [sections 451 to 471a of this

Appendix].

(2) To appoint, upon recommendation of the respective governor

or comparable executive official, a State director of the

Selective Service System for each headquarters in each State,

Territory, and possession of the United States and for the

District of Columbia, who shall represent the governor and be in

immediate charge of the state headquarters of the Selective

Service System: Provided, That no State director shall serve

concurrently in an elected or appointed position of a State or

local government; to employ such number of civilians, and,

subject to subsection (e), to order to active duty with their

consent and to assign to the Selective Service System such

officers of the selective-service section of the State

headquarters and headquarters detachments and such other officers

of the federally recognized National Guard of the United States

or other armed forces personnel (including personnel of the

reserve components thereof), as may be necessary for the

administration of the national and of the several State

headquarters of the Selective Service System.

(3) To create and establish within the Selective Service System

civilian local boards, civilian appeal boards, and such other

civilian agencies, including agencies of appeal, as may be

necessary to carry out its functions with respect to the

registration, examination, classification, selection, assignment,

delivery for induction, and maintenance of records of persons

registered under this title [sections 451 to 471a of this

Appendix], together with such other duties as may be assigned

under this title [said sections]: Provided, That no person shall

be disqualified from serving as a counselor to registrants,

including service as Government appeal agent, because of his

membership in a Reserve component of the Armed Forces. He shall

create and establish one or more local boards in each county or

political subdivision corresponding thereto of each State,

territory, and possession of the United States, and in the

District of Columbia. The local board and/or its staff shall

perform their official duties only within the county or political

subdivision corresponding thereto for which the local board is

established, or in the case of an intercounty board, within the

area for which such board is established, except that the staffs

of local boards in more than one county of a State or comparable

jurisdiction may be collocated or one staff may serve local

boards in more than one county of a State or comparable

jurisdiction when such action is approved by the Governor or

comparable executive official or officials. Each local board

shall consist of three or more members to be appointed by the

President from recommendations made by the respective Governors

or comparable executive officials. In making such appointments

after the date of the enactment of the Act enacting this sentence

[Sept. 28, 1971], the President is requested to appoint the

membership of each local board so that to the maximum extent

practicable it is proportionately representative of the race and

national origin of those registrants within its jurisdiction, but

no action by any local board shall be declared invalid on the

ground that any board failed to conform to any particular quota

as to race or national origin. No citizen shall be denied

membership on any local board or appeal board on account of sex.

After December 31, 1971, no person shall serve on any local board

or appeal board who has served on any local board or appeal board

for a period of more than 20 years. Notwithstanding any other

provision of this paragraph, an intercounty local board

consisting of at least one member from each component county or

corresponding subdivision may, with the approval of the Governor

or comparable executive official or officials, be established for

an area not exceeding five counties or political subdivisions

corresponding thereto within a State or comparable jurisdiction

when the President determines, after considering the public

interest involved, that the establishment of such local board

area will result in a more efficient and economical operation.

Any such intercounty local board shall have within its area the

same power and jurisdiction as a local board has in its area. A

local board may include among its members any citizen otherwise

qualified under Presidential regulations, provided he is at least

eighteen years of age. No member of any local board shall be a

member of the Armed Forces of the United States, but each member

of any local board shall be a civilian who is a citizen of the

United States residing in the county or political subdivision

corresponding thereto in which such local board has jurisdiction,

and each intercounty local board shall have at least one member

from each county or political subdivision corresponding thereto

included within the intercounty local board area. Such local

boards, or separate panels thereof each consisting of three or

more members, shall, under rules and regulations prescribed by

the President, have the power within the respective jurisdictions

of such local boards to hear and determine, subject to the right

of appeal to the appeal boards herein authorized, all questions

or claims with respect to inclusion for, or exemption or

deferment from, training and service under this title [said

sections], of all individuals within the jurisdiction of such

local boards. The decisions of such local board shall be final,

except where an appeal is authorized and is taken in accordance

with such rules and regulations as the President may prescribe.

There shall be not less than one appeal board located within the

area of each Federal judicial district in the United States and

within each Territory and possession of the United States, and

such additional separate panels thereof, as may be prescribed by

the President. Appeal boards within the Selective Service System

shall be composed of civilians who are citizens of the United

States and who are not members of the armed forces. The decision

of such appeal boards shall be final in cases before them on

appeal unless modified or changed by the President. The

President, upon appeal or upon his own motion, shall have power

to determine all claims or questions with respect to inclusion

for, or exemption or deferment from training and service under

this title [said sections], and the determination of the

President shall be final. No judicial review shall be made of the

classification or processing of any registrant by local boards,

appeal boards, or the President, except as a defense to a

criminal prosecution instituted under section 12 of this title

[section 462 of this Appendix], after the registrant has

responded either affirmatively or negatively to an order to

report for induction or for civilian work in the case of a

registrant determined to be opposed to participation in war in

any form: Provided, That such review shall go to the question of

the jurisdiction herein reserved to local boards, appeal boards,

and the President only when there is no basis in fact for the

classification assigned to such registrant. No person who is a

civilian officer, member, agent, or employee of the Office of

Selective Service Records or the Selective Service System, or of

any local board or appeal board or other agency of such Officer

or system, shall be excepted from registration or deferred or

exempted from training and service, as provided for in this title

[said sections], by reason of his status as such civilian

officer, member, agent, or employee.

(4) To appoint, and to fix, in accordance with the provisions

of chapter 51 and subchapter III of chapter 53 of title 5, United

States Code, relating to classification and General Schedule pay

rates, the basic pay of such officers, agents, and employees as

he may deem necessary to carry out the provisions of this title

[sections 451 to 471a of this Appendix], however, any officer of

the armed forces or any officer or employee of any department or

agency of the United States who may be assigned or detailed to

any office or position to carry out the provisions of this title

[said sections] (except to offices or positions on local boards

or appeal boards established or created pursuant to section

10(b)(3) [subsection (b)(3) of this section]) may serve in and

perform the functions of such office or position without loss of

or prejudice to his status as such officer in the armed forces or

as such officer or employee in any department or agency of the

United States.

(5) To utilize the services of any or all departments and any

and all officers or agents of the United States, and to accept

the services of all officers and agents of the several States,

Territories, and possessions, and subdivisions thereof, and the

District of Columbia, and of private welfare organizations, in

the execution of this title [sections 451 to 471a of this

Appendix].

(6) To purchase such printing, binding, and blank-book work

from public, commercial, or private printing establishments or

binderies upon orders placed by the Public Printer or upon

waivers issued in accordance with section 12 of the Printing Act

approved January 12, 1895, as amended [44 U.S.C. 504], and to

obtain by purchase, loan, or gift such equipment and supplies for

the Selective Service System, as he may deem necessary to carry

out the provisions of this title [sections 451 to 471a of this

Appendix], with or without advertising or formal contract.

(7) To prescribe eligibility, rules, and regulations governing

the release for service in the armed forces, or for any other

special service established pursuant to this title [sections 451

to 471a of this Appendix], of any person convicted of a violation

of any of the provisions of this title [said sections].

(8) Subject to the availability of funds appropriated for such

purpose, to procure such space as he may deem necessary to carry

out the provisions of this title [sections 451 to 471a of this

Appendix] and the Act of March 31, 1947 (50 U.S.C. App. 321 et

seq.).

(9) Subject to the availability of funds appropriated for such

purposes, to determine the location of such additional temporary

installations as he may deem essential; to utilize and enlarge

such existing installations; to construct, install, and equip,

and to complete the construction, installation, and equipment of

such buildings, structures, utilities, and appurtenances

(including the necessary grading and removal, repair or

remodeling of existing structures and installations), as may be

necessary to carry out the provisions of this title [sections 451

to 471a of this Appendix]; and, in order to accomplish the

purpose of this title [said sections], to acquire lands, and

rights pertaining thereto, or other interests therein, for

temporary use thereof, by donation or lease, and to prosecute

construction thereon prior to the approval of the title [said

sections] by the Attorney General as required by sections 3111

and 3112 of title 40.

(10) Subject to the availability of funds appropriated for such

purposes, to utilize, in order to provide and furnish such

services as may be deemed necessary or expedient to accomplish

the purposes of this title [sections 451 to 471a of this

Appendix], such personnel of the armed forces and of Reserve

components thereof with their consent, and such civilian

personnel, as may be necessary. For the purposes of this title

[said sections], the provisions of section 14 of the Federal

Employees' Pay Act of 1946 (Public Law 390, Seventy-ninth

Congress) with respect to the maximum limitations as to the

number of civilian employees shall not be applicable to the

Department of the Army, the Department of the Navy, or the

Department of the Air Force.

(c) Delegation of President's authority

The President is authorized to delegate any authority vested in

him under this title [sections 451 to 471a of this Appendix], and

to provide for the subdelegation of any such authority.

(d) Acceptance of gifts and voluntary services

In the administration of this title [sections 451 to 471a of this

Appendix], gifts of supplies, equipment, and voluntary services may

be accepted.

(e) Assignment of armed forces personnel

The total number of armed forces personnel assigned to the

Selective Service System under subsection (b)(2) at any time may

not be less than the number of such personnel determined by the

Director of Selective Service to be necessary, but not to exceed

745 persons, except that the President may assign additional armed

forces personnel to the Selective Service System during a time of

war or a national emergency declared by Congress or the President.

(f) Settlement of travel claims, etc.

The Director is authorized to make final settlement of individual

claims, for amounts not exceeding $500, for travel and other

expenses of uncompensated personnel of the Office of Selective

Service Records, or the Selective Service System, incurred while in

the performance of official duties, without regard to other

provisions of law governing the travel of civilian employees of the

Federal Government.

(g) Reports to Congress

The Director of Selective Service shall submit to the Congress

annually a written report covering the operation of the Selective

Service System and such report shall include, by States,

information as to the number of persons registered under this Act;

the number of persons inducted in to the military service under

this Act; and the number of deferments granted under this Act and

the basis for such deferments; and such other specific kinds of

information as the Congress may from time to time request.

(h) Maintenance of System after institution of all volunteer

program for meeting manpower needs

The Selective Service system (!1) shall be maintained as an

active standby organization, with (1) a complete registration and

classification structure capable of immediate operation in the

event of a national emergency (including a structure for

registration and classification of persons qualified for practice

or employment in a health care occupation essential to the

maintenance of the Armed Forces), and (2) personnel adequate to

reinstitute immediately the full operation of the System, including

military reservists who are trained to operate such System and who

can be ordered to active duty for such purpose in the event of a

national emergency.

-SOURCE-

(June 24, 1948, ch. 625, title I, Sec. 10, 62 Stat. 618; Oct. 28,

1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; June 30, 1950,

ch. 445, Sec. 3, 64 Stat. 319; Sept. 27, 1950, ch. 1059, Sec. 3(b),

64 Stat. 1074; June 19, 1951, ch. 144, title I, Sec. 1(u), 65 Stat.

87; Pub. L. 90-40, Sec. 1(8)-(10), June 30, 1967, 81 Stat. 104,

105; Pub. L. 92-129, title I, Sec. 101(a)(24)-(29), Sept. 28, 1971,

85 Stat. 351, 352; Pub. L. 93-176, Sec. 3, Dec. 5, 1973, 87 Stat.

693; Pub. L. 96-513, title V, Sec. 507(d), Dec. 12, 1980, 94 Stat.

2919; Pub. L. 97-60, title II, Sec. 208, Oct. 14, 1981, 95 Stat.

1008; Pub. L. 98-473, title II, Sec. 234, Oct. 12, 1984, 98 Stat.

2031; Pub. L. 100-180, div. A, title VII, Sec. 715, Dec. 4, 1987,

101 Stat. 1113; Pub. L. 102-190, div. A, title X, Sec. 1091, Dec.

5, 1991, 105 Stat. 1486; Pub. L. 104-201, div. A, title IV, Sec.

414, Sept. 23, 1996, 110 Stat. 2508; Pub. L. 107-314, div. A, title

X, Sec. 1062(o)(2), Dec. 2, 2002, 116 Stat. 2652.)

-REFTEXT-

REFERENCES IN TEXT

Section 14 of the Federal Employees' Pay Act of 1946 (Public Law

390, Seventy-ninth Congress), referred to in subsec. (b)(10), means

section 14 of act May 24, 1946, ch. 270, 60 Stat. 219, which

amended section 947 of former Title 5, Executive Departments and

Government Officers and Employees, and which was repealed by act

Sept. 12, 1950, ch. 946, title III, Sec. 301(85), 64 Stat. 843.

This Act, referred to in subsec. (g), is act June 24, 1948, ch.

625, 62 Stat. 604, as amended, known as the Military Selective

Service Act. For complete classification of this Act to the Code,

see References in Text note set out under section 451 of this

Appendix and Tables.

-COD-

CODIFICATION

In subsec. (b)(9), "sections 3111 and 3112 of title 40"

substituted for "section 355, Revised Statutes, as amended" on

authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.

1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(8). Pub. L. 107-314 substituted "the Act of

March 31, 1947 (50 U.S.C. App. 321 et seq.)" for "Public Law 26,

Eightieth Congress, approved March 31, 1947, by lease pursuant to

existing statutes, except that the provisions of the Act of June

30, 1932 (47 Stat. 412), as amended by section 15 of the Act of

March 3, 1933 (47 Stat. 1517), shall not apply to any lease entered

into under the authority of this title".

1996 - Subsec. (b). Pub. L. 104-201, Sec. 414(b)(1), substituted

"authorized to undertake the following:" for "authorized - " in

introductory provisions.

Subsec. (b)(1). Pub. L. 104-201, Sec. 414(b)(2), (4), substituted

"To" for "to" at beginning and a period for a semicolon at end.

Subsec. (b)(2). Pub. L. 104-201, Sec. 414(a)(1), (b)(2), (4),

substituted "To" for "to" at beginning, inserted ", subject to

subsection (e)," after "to employ such number of civilians, and",

and substituted a period for a semicolon at end.

Subsec. (b)(3) to (7). Pub. L. 104-201, Sec. 414(b)(2), (4),

substituted "To" for "to" at beginning and a period for a semicolon

at end.

Subsec. (b)(8), (9). Pub. L. 104-201, Sec. 414(b)(3), (4),

substituted "Subject" for "subject" at beginning and a period for a

semicolon at end.

Subsec. (b)(10). Pub. L. 104-201, Sec. 414(b)(3), substituted

"Subject" for "subject" at beginning.

Subsec. (e). Pub. L. 104-201, Sec. 414(a)(2), added subsec. (e).

1991 - Subsec. (b)(2). Pub. L. 102-190, Sec. 1091(1), struck out

"without the approval of the Director" after "local government".

Subsec. (g). Pub. L. 102-190, Sec. 1091(2), substituted

"annually" for "semiannually".

1987 - Subsec. (h). Pub. L. 100-180 substituted "The Selective

Service system shall" for "If at any time calls under this section

for the induction of persons for training and service in the Armed

Forces are discontinued because the Armed Forces are placed on an

all volunteer basis for meeting their active duty manpower needs,

the Selective Service System, as it is constituted on the date of

the enactment of this subsection [Sept. 28, 1971], shall,

nevertheless," and directed the insertion of "(including a

structure for registration and classification of persons qualified

for practice or employment in a health care occupation essential to

the maintenance of the Armed Forces)" after "national emergency",

which was inserted in cl. (1) as the probable intent of Congress.

1984 - Subsec. (b)(7). Pub. L. 98-473 substituted "release" for

"parole".

1981 - Subsec. (b)(3). Pub. L. 97-60 struck out provision that

had prohibited service on local boards or appeal boards by persons

who had attained the age of 65.

1980 - Subsec. (b)(4). Pub. L. 96-513 substituted "however, any

officer of the armed forces" for "however, any officer on the

active or retired list of the armed forces, or any reserve

component thereof with his consent," and struck out "or reserve

component thereof," after "without loss of or prejudice to his

status as such officer in the armed forces".

1973 - Subsec. (b)(4). Pub. L. 93-176 substituted "the provisions

of chapter 51 and subchapter III of chapter 53 of title 5, United

States Code, relating to classification and General Schedule pay

rates, the basic pay" for "the Classification Act of 1949, the

compensation" and struck out provisos that compensation of

employees of local boards and appeal boards may be fixed without

regard to Classification Act of 1949, that employees of local

boards having supervisory duties with respect to other employees of

one or more local boards be designated as the executive secretary

of the local board or boards, and that the term of employment of

executive secretaries not exceed ten years except when reappointed.

1971 - Subsec. (a)(3). Pub. L. 92-129, Sec. 101(a)(24), struck

out provisions setting compensation of Director.

Subsec. (b)(2). Pub. L. 92-129, Sec. 101(a)(25), inserted proviso

that no State director shall serve concurrently in an elected or

appointed position of a State or local government without the

approval of the Director.

Subsec. (b)(3). Pub. L. 92-129, Sec. 101(a)(26), inserted

provisions requiring that local boards and their staffs perform

their duties only within the counties or political subdivisions for

which they are established with special provisions for intercounty

boards and the collocation or multiple use of staffs with executive

approval, provided for board membership proportionately

representative of the area served, reduced the maximums applicable

to board members from 75 years of age or 25 years of service on the

board to 65 years of age or 20 years of service respectively, and

authorized local boards to include among their members any citizens

otherwise qualified under Presidential regulations provided they

are at least 18 years of age.

Subsec. (e). Pub. L. 92-129, Sec. 101(a)(27), struck out subsec.

(e) which authorized Chief of Finance of the United States Army to

act as the fiscal, disbursing, and accounting agent of Director.

Subsec. (f). Pub. L. 92-129, Sec. 101(a)(28), substituted "$500"

for "$50".

Subsec. (h). Pub. L. 92-129, Sec. 101(a)(29), added subsec. (h).

1967 - Subsec. (b)(3). Pub. L. 90-40, Sec. 1(8), prohibited

disqualification of members of armed forces reserve components from

serving as counselors to registrants, including services as

government appeal agents, merely because of such membership in the

reserve, set 25 years as maximum length of service on local and

appeal boards and 75 years as age after attainment of which members

may not serve, prohibited discrimination as to service on boards

because of sex, with new limitations on age and sex to be

implemented not later than January 1, 1968, and prohibited judicial

review of classification or processing of registrants except as a

defense to a criminal prosecution instituted under section 462 of

this Appendix, and then only after registrant has responded either

affirmatively or negatively to an order to report for induction or

for civilian work and to question of jurisdiction reserved to local

boards, appeal boards, and President only when there is no basis in

fact for classification.

Subsec. (b)(4). Pub. L. 90-40, Sec. 1(9), provided for

designation of a local board employee having supervisory duties

with respect to other employees of one or more local boards as

"executive secretary", with such employee to serve in that position

for a maximum of ten years except when reappointed.

Subsec. (g). Pub. L. 90-40, Sec. 1(10), substituted

"semiannually" for "on or before the 3rd day of January of each

year," as time for submission of Director's written report to

Congress, and inserted "such other specific kinds of information as

the Congress may from time to time request" to enumeration of

subjects to be covered by the report.

1951 - Subsec. (b)(3). Act June 19, 1951, Sec. 1(u)(1), provided

for one appeal board in each Federal judicial district in the

United States, its territories and possessions, and such necessary

panels as the President deems necessary.

Subsec. (g). Act June 19, 1951, Sec. 1(u)(2), added subsec. (g).

1950 - Subsec. (b)(3). Act Sept. 27, 1950, inserted ", or

separate panels thereof each consisting of three or more members"

after "Such local boards" in sixth sentence.

Subsec. (b)(4). Act June 30, 1950, struck out comma between "the

compensation of" and "such officers".

1949 - Subsec. (b)(4). Act Oct. 28, 1949, substituted

"Classification Act of 1949" for "Classification Act of 1923".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and

applicable only to offenses committed after the taking effect of

such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as

an Effective Date note under section 3551 of Title 18, Crimes and

Criminal Procedure.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section

701 of Pub. L. 96-513, set out as a note under section 101 of Title

10, Armed Forces.

EFFECTIVE DATE OF 1973 AMENDMENT

Section 4 of Pub. L. 93-176 provided that: "This Act [amending

this section and section 5102 of Title 5, Government Organization

and Employees, and enacting provisions set out as notes under this

section] shall take effect not later than the beginning of the

first pay period which begins on or after the ninetieth day

following the date of the enactment of this Act [Dec. 5, 1973]."

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

-TRANS-

EMERGENCY PREPAREDNESS FUNCTIONS

For assignment of certain emergency preparedness functions to the

Director of Selective Service, see Parts 1, 2, and 23 of Ex. Ord.

No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under

section 5195 of Title 42, The Public Health and Welfare.

-MISC2-

COMPENSATION INCREASES FOR EMPLOYEES OF LOCAL OR APPEAL BOARDS

Section 2 of Pub. L. 93-176 provided that: "The rate of basic pay

of each employee in a position under a local board or appeal board

of the Selective Service System on and immediately prior to the

effective date of this Act [designated as a date not later than the

beginning of the first pay period which begins on or after the 90th

day following Dec. 5, 1973] shall be adjusted, as of such effective

date, under the provisions of section 5334(d) of title 5, United

States Code."

Act June 5, 1952, ch. 369, Ch. VII, Sec. 701, 66 Stat. 109,

authorized increases in the rate of compensation of any employees

of local or appeal boards effective as of the first day of the

first pay period which began after June 30, 1951 and within ninety

days from June 5, 1952, pursuant to the authority contained in

section 460 of this Appendix.

COMPENSATION OF DIRECTOR OF SELECTIVE SERVICE

Compensation of Director, see section 5315 of Title 5, Government

Organization and Employees.

-EXEC-

EX. ORD. NO. 10271. DELEGATION OF PRESIDENT'S AUTHORITY

Ex. Ord. No. 10271, July 7, 1951, 16 F.R. 6659, set out as a note

under section 471 of this Appendix, delegates to the Secretary of

Defense the President's authority to order members and units of

Reserve components into active Federal service.

EX. ORD. NO. 11623. DELEGATION OF AUTHORITY TO ISSUE RULES AND

REGULATIONS TO DIRECTOR OF SELECTIVE SERVICE

Ex. Ord. No. 11623, Oct. 12, 1971, 36 F.R. 19963, as amended by

Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No.

13286, Sec. 60, Feb. 28, 2003, 68 F.R. 10629, provided:

By virtue of the authority vested in me by the Constitution and

statutes of the United States, including the Military Selective

Service Act, as amended (50 U.S. Code App., sections 451 et seq.,

hereinafter referred to as the Act), and section 301 of title 3 of

the United States Code, it is hereby ordered as follows:

Section 1. The Director of Selective Service (hereinafter

referred to as the Director) is authorized to prescribe the

necessary rules and regulations to carry out the provisions of the

Act. Regulations heretofore issued by the President to carry out

such provisions shall continue in effect until amended or revoked

by the Director pursuant to the authority conferred by this Order.

Sec. 2. (a) In carrying out the provisions of this Order, the

Director shall cause any rule or regulation which he proposes to

issue hereunder to be published in the Federal Register as required

by section 13(b) of the Act [section 463(b) of this Appendix].

Prior to such publication, the Director shall request the views of

the Secretary of Defense, the Attorney General, the Secretary of

Labor, the Secretary of Health and Human Services, the Secretary of

Homeland Security (when the Coast Guard is serving under the

Department of Homeland Security), the Director of the Office of

Emergency Preparedness, and the Chairman of the National Selective

Service Appeal Board with regard to such proposed rule or

regulation, and shall allow not less than 10 days for the

submission of such views before publication of the proposed rule or

regulation.

(b) Any proposed rule or regulation as published by the Director

shall be furnished to the officials required to be consulted

pursuant to subsection (a). The Director may (not less than 30 days

after publication in the Federal Register) issue such rule or

regulation as published unless, within 10 days after being

furnished with the proposed rule or regulation as published, any

such official shall notify the Director that he disagrees therewith

and requests that the matter be referred to the President for

decision.

(c) Any rule or regulation issued by the Director pursuant to

this Order shall be published in the Federal Register with (1) a

statement reciting compliance with the prepublication requirement

of section 13(b) of the Act [section 463(b) of this Appendix], and

(2) either (i) approval of such rule or regulation by the

President, or (ii) a certification of the Director that he has

requested the views of the officials required to be consulted

pursuant to subsection (a) and that none of them has timely

requested that the matter be referred to the President for

decision. Such rule or regulation shall be effective upon such

publication in the Federal Register or on such later date as may be

specified therein.

Sec. 3. Nothing in this Order shall be deemed to (i) authorize

the exercise by the Director of the President's authority to waive

the requirements of section 13(b) of the Act [section 463(b) of

this Appendix], or (ii) derogate from the authority of the

President himself to waive the requirements of such section 13(b),

or (iii) derogate from the authority of the President himself to

issue such rules or regulations as he may deem necessary to carry

out the provisions of the Act.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 101, 523, 641.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

50 USC APPENDIX Sec. 461 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 461. Emergency medical care

-STATUTE-

Under such rules and regulations as may be prescribed by the

President, funds available to carry out the provisions of this

title [sections 451 to 471a of this Appendix] shall also be

available for the payment of actual and reasonable expenses of

emergency medical care, including hospitalization, of registrants

who suffer illness or injury, and the transportation and burial of

the remains of registrants who suffer death, while acting under

orders issued under the provisions of this title [said sections],

but such burial expenses shall not exceed the maximum that the

Secretary of Veterans Affairs may pay under the provisions of

section 2302(a) of title 38, United States Code, in any one case.

-SOURCE-

(June 24, 1948, ch. 625, title I, Sec. 11, 62 Stat. 621; Pub. L.

92-129, title I, Sec. 101(a)(30), Sept. 28, 1971, 85 Stat. 352;

Pub. L. 102-54, Sec. 13(t), June 13, 1991, 105 Stat. 282; Pub. L.

102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 substituted "section 2302(a) of title 38"

for "section 902(a) of title 38".

Pub. L. 102-54 substituted "Secretary of Veterans Affairs" for

"Administrator of Veterans' Affairs".

1971 - Pub. L. 92-129 substituted "the maximum that the

Administrator of Veterans' Affairs may pay under the provisions of

section 902(a) of title 38, United States Code" for "$150".

-End-

-CITE-

50 USC APPENDIX Sec. 462 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 462. Offenses and penalties

-STATUTE-

(a) Any member of the Selective Service System or any other

person charged as herein provided with the duty of carrying out any

of the provisions of this title [sections 451 to 471a of this

Appendix], or the rules or regulations made or directions given

thereunder, who shall knowingly fail or neglect to perform such

duty, and any person charged with such duty, or having and

exercising any authority under said title [said sections], rules,

regulations, or directions who shall knowingly make, or be a party

to the making, of any false, improper, or incorrect registration,

classification, physical or mental examination, deferment,

induction, enrollment, or muster, and any person who shall

knowingly make, or be a party to the making, of any false statement

or certificate regarding or bearing upon a classification or in

support of any request for a particular classification, for service

under the provisions of this title [said sections], or rules,

regulations, or directions made pursuant thereto, or who otherwise

evades or refuses registration or service in the armed forces or

any of the requirements of this title [said sections], or who

knowingly counsels, aids, or abets another to refuse or evade

registration or service in the armed forces or any of the

requirements of this title [said sections], or of said rules,

regulations, or directions, or who in any manner shall knowingly

fail or neglect or refuse to perform any duty required of him under

or in the execution of this title [said sections], or rules,

regulations, or directions made pursuant to this title [said

sections], or any person or persons who shall knowingly hinder or

interfere or attempt to do so in any way, by force or violence or

otherwise, with the administration of this title [said sections] or

the rules or regulations made pursuant thereto, or who conspires to

commit any one or more of such offenses, shall, upon conviction in

any district court of the United States of competent jurisdiction,

be punished by imprisonment for not more than five years or a fine

of not more than $10,000, or by both such fine and imprisonment, or

if subject to military or naval law may be tried by court martial,

and, on conviction, shall suffer such punishment as a court martial

may direct. No person shall be tried by court martial in any case

arising under this title [said sections] unless such person has

been actually inducted for the training and service prescribed

under this title [said sections] or unless he is subject to trial

by court martial under laws in force prior to the enactment of this

title [June 24, 1948].

(b) Any person (1) who knowingly transfers or delivers to

another, for the purpose of aiding or abetting the making of any

false identification or representation, any registration

certificate, alien's certificate of nonresidence, or any other

certificate issued pursuant to or prescribed by the provisions of

this title [sections 451 to 471a of this Appendix], or rules or

regulations promulgated hereunder; or (2) who, with intent that it

be used for any purpose of false identification or representation,

has in his possession any such certificate not duly issued to him;

or (3) who forges, alters, knowingly destroys, knowingly mutilates,

or in any manner changes any such certificate or any notation duly

and validly inscribed thereon; or (4) who, with intent that it be

used for any purpose of false identification or representation,

photographs, prints, or in any manner makes or executes any

engraving, photograph, print, or impression in the likeness of any

such certificate, or any colorable imitation thereof; or (5) who

has in his possession any certificate purporting to be a

certificate issued pursuant to this title [said sections], or rules

and regulations promulgated hereunder, which he knows to be falsely

made, reproduced, forged, counterfeited, or altered; or (6) who

knowingly violates or evades any of the provisions of this title

[said sections] or rules and regulations promulgated pursuant

thereto relating to the issuance, transfer, or possession of such

certificate, shall, upon conviction, be fined not to exceed $10,000

or be imprisoned for not more than five years, or both. Whenever on

trial for a violation of this subsection the defendant is shown to

have or to have had possession of any certificate not duly issued

to him, such possession shall be deemed sufficient evidence to

establish an intent to use such certificate for purposes of false

identification or representation, unless the defendant explains

such possession to the satisfaction of the jury.

(c) The Department of Justice shall proceed as expeditiously as

possible with a prosecution under this section, or with an appeal,

upon the request of the Director of Selective Service System or

shall advise the House of Representatives and the Senate in writing

the reasons for its failure to do so.

(d) No person shall be prosecuted, tried, or punished for

evading, neglecting, or refusing to perform the duty of registering

imposed by section 3 of this title [section 453 of this Appendix]

unless the indictment is found within five years next after the

last day before such person attains the age of twenty-six, or

within five years next after the last day before such person does

perform his duty to register, whichever shall first occur.

(e) The President may require the Secretary of Health and Human

Services to furnish to the Director, from records available to the

Secretary, the following information with respect to individuals

who are members of any group of individuals required by a

proclamation of the President under section 3 [section 453 of this

Appendix] to present themselves for and submit to registration

under such section: name, date of birth, social security account

number, and address. Information furnished to the Director by the

Secretary under this subsection shall be used only for the purpose

of the enforcement of this Act.

(f)(1) Except as provided in subsection (g), any person who is

required under section 3 [section 453 of this Appendix] to present

himself for and submit to registration under such section and fails

to do so in accordance with any proclamation issued under such

section, or in accordance with any rule or regulation issued under

such section, shall be ineligible for any form of assistance or

benefit provided under title IV of the Higher Education Act of 1965

[20 U.S.C. 1070 et seq.; 42 U.S.C. 2751 et seq.].

(2) In order to receive any grant, loan, or work assistance under

title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et

seq. [and 42 U.S.C. 2751 et seq.]), a person who is required under

section 3 [section 453 of this Appendix] to present himself for and

submit to registration under such section shall file with the

institution of higher education which the person intends to attend,

or is attending, a statement of compliance with section 3 and

regulations issued thereunder.

(3) The Secretary of Education, in agreement with the Director,

shall prescribe methods for verifying such statements of compliance

filed pursuant to paragraph (2). Such methods may include requiring

institutions of higher education to provide a list to the Secretary

of Education or to the Director of persons who have submitted such

statements of compliance.

(4) The Secretary of Education, in consultation with the

Director, shall issue regulations to implement the requirements of

this subsection. Such regulations shall provide that any person to

whom the Secretary of Education proposes to deny assistance or

benefits under title IV [20 U.S.C. 1070 et seq.; 42 U.S.C. 2751 et

seq.] for failure to meet the registration requirements of section

3 [section 453 of this Appendix] and regulations issued thereunder

shall be given notice of the proposed denial and shall have a

suitable period (of not less than thirty days) after such notice to

provide the Secretary with information and materials establishing

that he has complied with the registration requirement under

section 3. Such regulations shall also provide that the Secretary

may afford such person an opportunity for a hearing to establish

his compliance or for any other purpose.

(g) A person may not be denied a right, privilege, or benefit

under Federal law by reason of failure to present himself for and

submit to registration under section 3 [section 453 of this

Appendix] if -

(1) the requirement for the person to so register has

terminated or become inapplicable to the person; and

(2) the person shows by a preponderance of the evidence that

the failure of the person to register was not a knowing and

willful failure to register.

-SOURCE-

(June 24, 1948, ch. 625, title I, Sec. 12, 62 Stat. 622; Pub. L.

89-152, Aug. 30, 1965, 79 Stat. 586; Pub. L. 90-40, Sec. 1(11),

June 30, 1967, 81 Stat. 105; Pub. L. 92-129, title I, Sec.

101(a)(31), Sept. 28, 1971, 85 Stat. 352; Pub. L. 97-86, title IX,

Sec. 916(b), Dec. 1, 1981, 95 Stat. 1129; Pub. L. 97-252, title XI,

Sec. 1113(a), Sept. 8, 1982, 96 Stat. 748; Pub. L. 98-620, title

IV, Sec. 402(54), Nov. 8, 1984, 98 Stat. 3361; Pub. L. 99-661, div.

A, title XIII, Sec. 1366, Nov. 14, 1986, 100 Stat. 4002.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (e), is act June 24, 1948, ch.

625, 62 Stat. 604, as amended, known as the Military Selective

Service Act. For complete classification of this Act to the Code,

see References in Text note set out under section 451 of this

Appendix and Tables.

The Higher Education Act of 1965, referred to in subsec. (f), is

Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Title IV

of the Higher Education Act of 1965 is classified generally to

subchapter IV (Sec. 1070 et seq.) of chapter 28 of Title 20,

Education, and part C (Sec. 2751 et seq.) of subchapter I of

chapter 34 of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 1001 of Title 20 and Tables.

-MISC1-

AMENDMENTS

1986 - Subsec. (f)(1). Pub. L. 99-661, Sec. 1366(1), substituted

"Except as provided in subsection (g), any person" for "Any

person".

Subsec. (g). Pub. L. 99-661, Sec. 1366(2), added subsec. (g).

1984 - Subsec. (a). Pub. L. 98-620 struck out sentence at end

requiring that precedence be given by courts to the trial of cases

arising under sections 451 to 471a of this Appendix, and that such

cases had to be advanced on the docket for immediate hearing, and

that an appeal from the decision or decree of any United States

district court or United States court of appeals would take

precedence over all other cases pending before the court to which

the case had been referred.

1982 - Subsec. (f). Pub. L. 97-252 added subsec. (f).

1981 - Subsec. (e). Pub. L. 97-86 added subsec. (e).

1971 - Subsec. (d). Pub. L. 92-129 added subsec. (d).

1967 - Subsec. (a). Pub. L. 90-40, Sec. 1(11)(a), struck out

requirement that a request of the Attorney General precede the

granting of precedence to the trial of cases arising under this

title and inserted provision that appeals from a decision or decree

of any United States District Court or United States Court of

Appeals take precedence over all other cases pending before the

court to which the case has been referred.

Subsec. (c). Pub. L. 90-40, Sec. 1(11)(b), added subsec. (c).

1965 - Subsec. (b)(3). Pub. L. 89-152 prohibited a person from

knowingly destroying or knowingly mutilating any registration

certificate or other prescribed certificate.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note

under section 1657 of Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 1113(b) of Pub. L. 97-252 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to

loans, grants, or work assistance under title IV of the Higher

Education Act [20 U.S.C. 1070 et seq.; 42 U.S.C. 2751 et seq.] for

periods of instruction beginning after June 30, 1983."

STUDY ON COMPLIANCE OF HEALTH PROFESSIONS SCHOOLS WITH MILITARY

SELECTIVE SERVICE ACT

Pub. L. 99-129, title II, Sec. 222, Oct. 22, 1985, 99 Stat. 544,

directed Secretary of Health and Human Services, in cooperation

with Director of Selective Service, to conduct a study to determine

if health professions schools are engaged in a pattern or practice

of failure to comply with section 12(f) of the Military Selective

Service Act (50 U.S.C. App. 462(f)) (or regulations issued under

such section) or are engaged in a pattern or practice of providing

loans or work assistance to persons who are required to register

under section 3 of such Act [50 App. U.S.C. 453] (and any

proclamation of the President and regulations prescribed under that

section) and have not so registered with Secretary and to complete

the study and report its results to Congress not later than one

year after Oct. 22, 1985.

ADVERTISING PROHIBITION ON SPECIAL DISCHARGE REVIEW PROGRAM

Pub. L. 95-79, title VIII, Sec. 810, July 30, 1977, 91 Stat. 335,

prohibited the use of funds authorized or appropriated under this

or any other Act to purchase advertising of the special discharge

review program.

-EXEC-

PROC. NO. 4313. PROGRAM FOR RETURN OF VIETNAM ERA DRAFT EVADERS AND

MILITARY DESERTERS

Proc. No. 4313, Sept. 16, 1974, 39 F.R. 33293, 88 Stat. 2504, as

amended by Proc. No. 4345, Jan. 30, 1975, 40 F.R. 4893, 89 Stat.

1236; Proc. No. 4353, Feb. 28, 1975, 40 F.R. 8931, 10433, 89 Stat.

1246, provided:

The United States withdrew the last of its forces from the

Republic of Vietnam on March 28, 1973.

In the period of its involvement in armed hostilities in

Southeast Asia, the United States suffered great losses. Millions

served their country, thousands died in combat, thousands more were

wounded, others are still listed as missing in action.

Over a year after the last American combatant had left Vietnam,

the status of thousands of our countrymen - convicted, charged,

investigated or still sought for violations of the Military

Selective Service Act [see References in Text note set out under

section 451 of this Appendix] or of the Uniform Code of Military

Justice [10 U.S.C. 801 et seq.] - remains unresolved.

In furtherance of our national commitment to justice and mercy

these young Americans should have the chance to contribute a share

to the rebuilding of peace among ourselves and with all nations.

They should be allowed the opportunity to earn return to their

country, their communities, and their families, upon their

agreement to a period of alternate service in the national

interest, together with an acknowledgment of their allegiance to

the country and its Constitution.

Desertion in time of war is a major, serious offense; failure to

respond to the country's call for duty is also a serious offense.

Reconciliation among our people does not require that these acts be

condoned. Yet, reconciliation calls for an act of mercy to bind the

Nation's wounds and to heal the scars of divisiveness.

NOW, THEREFORE, I, GERALD R. FORD, President of the United

States, pursuant to my powers under Article II, Sections 1, 2 and 3

of the Constitution, do hereby proclaim a program to commence

immediately to afford reconciliation to Vietnam era draft evaders

and military deserters upon the following terms and conditions:

1. Draft Evaders - An individual who allegedly unlawfully failed

under the Military Selective Service Act [see References in Text

note set out under section 451 of this Appendix] or any rule or

regulation promulgated thereunder, to register or register on time,

to keep the local board informed of his current address, to report

for or submit to preinduction or induction examination, to report

for or submit to induction itself, or to report for or submit to,

or complete service under section 6(j) of such Act [section 456(j)

of this Appendix] during the period from August 4, 1964 to March

28, 1973, inclusive, and who has not been adjudged guilty in a

trial for such offense, will be relieved of prosecution and

punishment for such offense if he:

(i) presents himself to a United States Attorney before March

31, 1975,

(ii) executes an agreement acknowledging his allegiance to the

United States and pledging to fulfill a period of alternate

service under the auspices of the Director of Selective Service,

and

(iii) satisfactorily completes such service.

The alternate service shall promote the national health, safety, or

interest. No draft evader will be given the privilege of completing

a period of alternate service by service in the Armed Forces.

However, this program will not apply to an individual who is

precluded from re-entering the United States under 8 U.S.C.

1182(a)(22) or other law. Additionally, if individuals eligible for

this program have other criminal charges outstanding, their

participation in the program may be conditioned upon, or postponed

until after, final disposition of the other charges has been

reached in accordance with law.

The period of service shall be twenty-four months, which may be

reduced by the Attorney General because of mitigating

circumstances.

2. Military Deserters - A member of the armed forces who has been

administratively classified as a deserter by reason of unauthorized

absence and whose absence commenced during the period from August

4, 1964 to March 28, 1973, inclusive, will be relieved of

prosecution and punishment under Articles 85, 86 and 87 of the

Uniform Code of Military Justice [10 U.S.C. 885, 886, 887] for such

absence and for offenses directly related thereto if before March

31, 1975 he takes an oath of allegiance to the United States and

executes an agreement with the Secretary of the Military Department

from which he absented himself or for members of the Coast Guard,

with the Secretary of Transportation, pledging to fulfill a period

of alternate service under the auspices of the Director of

Selective Service. The alternate service shall promote the national

health, safety, or interest.

The period of service shall be twenty-four months, which may be

reduced by the Secretary of the appropriate Military Department, or

Secretary of Transportation for members of the Coast Guard, because

of mitigating circumstances.

However, if a member of the armed forces has additional

outstanding charges pending against him under the Uniform Code of

Military Justice [10 U.S.C. 801 et seq.], his eligibility to

participate in this program may be conditioned upon, or postponed

until after, final disposition of the additional charges has been

reached in accordance with law.

Each member of the armed forces who elects to seek relief through

this program will receive an undesirable discharge. Thereafter,

upon satisfactory completion of a period of alternate service

prescribed by the Military Department or Department of

Transportation, such individual will be entitled to receive, in

lieu of his undesirable discharge, a clemency discharge in

recognition of his fulfillment of the requirements of the program.

Such clemency discharge shall not bestow entitlement to benefits

administered by the Veterans Administration.

Procedures of the Military Departments implementing this

Proclamation will be in accordance with guidelines established by

the Secretary of Defense, present Military Department regulations

notwithstanding.

3. Presidential Clemency Board - By Executive Order I have this

date established a Presidential Clemency Board which will review

the records of individuals within the following categories: (i)

those who have been convicted of draft evasion offenses as

described above, (ii) those who have received a punitive or

undesirable discharge from service in the armed forces for having

violated Article 85, 86, or 87 of the Uniform Code of Military

Justice [10 U.S.C. 885, 886, 887] between August 4, 1964 and March

28, 1973, or are serving sentences of confinement for such

violations. Where appropriate, the Board may recommend that

clemency be conditioned upon completion of a period of alternate

service. However, if any clemency discharge is recommended, such

discharge shall not bestow entitlement to benefits administered by

the Veterans Administration.

4. Alternate Service - In prescribing the length of alternate

service in individual cases, the Attorney General, the Secretary of

the appropriate Department, or the Clemency Board shall take into

account such honorable service as an individual may have rendered

prior to his absence, penalties already paid under law, and such

other mitigating factors as may be appropriate to seek equity among

those who participate in this program.

IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth

day of September in the year of our Lord nineteen hundred

seventy-four, and of the Independence of the United States of

America the one hundred and ninety-nineth.

Gerald R. Ford.

PROC. NO. 4483. PARDON FOR VIOLATIONS OF ACT, AUGUST 4, 1964 TO

MARCH 28, 1973

Proc. No. 4483, Jan. 21, 1977, 42 F.R. 4391, 91 Stat. 1719,

provided:

Acting pursuant to the grant of authority in Article II, Section

2, of the Constitution of the United States, I, Jimmy Carter,

President of the United States, do hereby grant a full, complete

and unconditional pardon to: (1) all persons who may have committed

any offense between August 4, 1964 and March 28, 1973 in violation

of the Military Selective Service Act [see References in Text note

set out under section 451 of this Appendix] or any rule or

regulation promulgated thereunder; and (2) all persons heretofore

convicted, irrespective of the date of conviction, of any offense

committed between August 4, 1964 and March 28, 1973 in violation of

the Military Selective Service Act, or any rule or regulation

promulgated thereunder, restoring to them full political, civil and

other rights.

This pardon does not apply to the following who are specifically

excluded therefrom:

(1) All persons convicted of or who may have committed any

offense in violation of the Military Selective Service Act, or

any rule or regulation promulgated thereunder, involving force or

violence; and

(2) All persons convicted of or who may have committed any

offense in violation of the Military Selective Service Act, or

any rule or regulation promulgated thereunder, in connection with

duties or responsibilities arising out of employment as agents,

officers or employees of the Military Selective Service system.

IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of

January, in the year of our Lord nineteen hundred and

seventy-seven, and of the Independence of the United States of

America the two hundred and first.

Jimmy Carter.

EX. ORD. NO. 11803. CLEMENCY BOARD TO REVIEW CERTAIN CONVICTIONS

AND DISCHARGES

Ex. Ord. No. 11803, Sept. 16, 1974, 39 F.R. 33297, as amended by

Ex. Ord. No. 11837, Jan. 30, 1975, 40 F.R. 4895; Ex. Ord. No.

11842, Feb. 28, 1975, 40 F.R. 8935; Ex. Ord. No. 11857, May 7,

1975, 40 F.R. 20261; Ex. Ord. No. 11878, Sept. 10, 1975, 40 F.R.

42731, provided:

By virtue of the authority vested in me as President of the

United States by Section 2 of Article II of the Constitution of the

United States, and in the interest of the internal management of

the Government, it is ordered as follows:

Section 1. There is hereby established in the Executive Office of

the President a board of 9 members, which shall be known as the

Presidential Clemency Board. The members of the Board shall be

appointed by the President, who shall also designate its Chairman.

The President may appoint such additional members to the board as

he shall from time to time determine to be necessary to carry out

its functions.

Sec. 2. The Board, under such regulations as it may prescribe,

shall examine the cases of persons who apply for Executive clemency

prior to March 31, 1975, and who (i) have been convicted of

violating Section 12 or 6(j) of the Military Selective Service Act

(50 App. U.S.C. Sec. 462) [this section and section 456(j) of this

Appendix], or of any rule or regulation promulgated pursuant to

that section, for acts committed between August 4, 1964 and March

28, 1973, inclusive, or (ii) have received punitive or undesirable

discharges as a consequence of violations of Articles 85, 86 or 87

of the Uniform Code of Military Justice (10 U.S.C. Secs. 885, 886,

887) that occurred between August 4, 1964 and March 28, 1973,

inclusive, or are serving sentences of confinement for such

violations. The Board will only consider the cases of Military

Selective Service Act violators who were convicted of unlawfully

failing (i) to register or register on time, (ii) to keep the local

board informed of their current address, (iii) to report for or

submit to preinduction or induction examination, (iv) to report for

or submit to induction itself, or (v) to report for or submit to,

or complete service under Section 6(j) of such Act [section 456(j)

of this Appendix]. However, the Board will not consider the cases

of individuals who are precluded from reentering the United States

under [former] 8 U.S.C. 182(a)(22) or other law.

Sec. 3. The Board shall report to the President its findings and

recommendations as to whether Executive clemency should be granted

or denied in any case. If clemency is recommended, the Board shall

also recommend the form that such clemency should take, including

clemency conditioned upon a period of alternate service in the

national interest. In the case of an individual discharged from the

armed forces with a punitive or undesirable discharge, the Board

may recommend to the President that a clemency discharge be

substituted for a punitive or undesirable discharge. Determination

of any period of alternate service shall be in accord with the

Proclamation [Proc. No. 4313, set out above] announcing a program

for the return of Vietnam era draft evaders and military deserters.

Sec. 4. The Board shall give priority consideration to those

applicants who are presently confined and have been convicted only

of an offense set forth in section 2 of this order, and who have no

outstanding criminal charges.

Sec. 5. Each member of the Board, except any member who then

receives other compensation from the United States, may receive

compensation for each day he or she is engaged upon the work of the

Board at not to exceed the daily rate now or hereafter prescribed

by law for persons and positions in GS-18, as authorized by law (5

U.S.C. 3109), and may also receive travel expenses, including per

diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703)

for persons in the government service employed intermittently.

Sec. 6. Necessary expenses of the Board may be paid from the

Unanticipated Personnel Needs Fund of the President or from such

other funds as may be available.

Sec. 7. Necessary administrative services and support may be

provided the Board by the General Services Administration on a

reimbursable basis.

Sec. 8. All department and agencies in the Executive branch are

authorized and directed to cooperate with the Board in its work,

and to furnish the Board all appropriate information and

assistance, to the extent permitted by law.

Sec. 9. The Board shall submit its final recommendations to the

President not later than September 15, 1975, at which time it shall

cease to exist.

Gerald R. Ford.

EX. ORD. NO. 11804. DELEGATION OF CERTAIN FUNCTIONS OF PRESIDENT TO

DIRECTOR OF SELECTIVE SERVICE

Ex. Ord. No. 11804, Sept. 16, 1974, 39 F.R. 33299, provided:

By virtue of the authority vested in me as President of the

United States, pursuant to my powers under Article II, Sections 1,

2 and 3 of the Constitution, and under Section 301 of Title 3 of

the United States Code, it is hereby ordered as follows:

Section 1. The Director of Selective Service is designated and

empowered, without the approval, ratification or other action of

the President, under such regulations as he may prescribe, to

establish, implement, and administer the program of alternate

service authorized in the Proclamation [set out above] announcing a

program for the return of Vietnam era draft evaders and military

deserters.

Sec. 2. Departments and agencies in the Executive branch shall,

upon the request of the Director of Selective Service, cooperate

and assist in the implementation or administration of the

Director's duties under this Order, to the extent permitted by law.

Gerald R. Ford.

EX. ORD. NO. 11878. ASSIGNING RESPONSIBILITIES RELATING TO

ACTIVITIES OF PRESIDENTIAL CLEMENCY BOARD

Ex. Ord. No. 11878, Sept. 10, 1975, 40 F.R. 42731, provided:

By virtue of the authority vested in me by the Constitution of

the United States of America, and as President of the United States

of America, it is hereby ordered as follows:

Section 1. Section 9 of Executive Order No. 11803 of September

16, 1974, as amended [set out above] is amended to read:

"The Board shall submit its final recommendations to the

President not later than September 15, 1975, at which time it shall

cease to exist."

Sec. 2. Any applications for Executive clemency, as to which the

Presidential Clemency Board (established by Executive Order No.

11803) [set out above] has not taken final action shall be

transferred, together with the files related thereto, to the

Attorney General.

Sec. 3. The Attorney General, with respect to the applications

and related files transferred to him by Section 2 of this Order,

shall take all actions appropriate or necessary to complete the

clemency process and shall expeditiously report to the President

his findings and recommendations as to whether Executive clemency

should be granted or denied in any case. In performing his

responsibilities under this Order, the Attorney General shall apply

the relevant criteria and comply with the appropriate and

applicable instructions and procedures established by Executive

Order No. 11803 of September 16, 1974, as amended [set out above],

Proclamation No. 4313 of September 16, 1974, as amended [set out

above], Executive Order No. 11804 of September 16, 1974 [set out

above], and, to the extent that he deems appropriate, the

regulations of the Presidential Clemency Board and the Selective

Service System issued pursuant to the foregoing Executive orders.

Sec. 4. The Director of the Office of Management and Budget is

hereby designated and empowered to take such action as he deems

necessary to ensure the orderly and prompt termination of the

activities of the Presidential Clemency Board and the assignment of

responsibilities directed by this Order.

Sec. 5. Departments and agencies in the Executive branch shall,

to the extent permitted by law, cooperate with and assist the

Attorney General, the Director of the Selective Service and the

Director of the Office of Management and Budget in the performance

of their responsibilities under this Order.

Sec. 6. The responsibilities assigned under this Order are to be

completed no later than March 31, 1976, at which time the Attorney

General shall submit his final recommendations to the President.

Gerald R. Ford.

EX. ORD. NO. 11967. IMPLEMENTATION OF PARDON FOR VIOLATIONS OF ACT,

AUGUST 4, 1964 TO MARCH 28, 1973

Ex. Ord. No. 11967, Jan. 21, 1977, 42 F.R. 4393, provided:

The following actions shall be taken to facilitate Presidential

Proclamation of Pardon of January 21, 1977 [set out above]:

1. The Attorney General shall cause to be dismissed with

prejudice to the Government all pending indictments for violations

of the Military Selective Service Act [see References in Text note

set out under section 451 of this Appendix] alleged to have

occurred between August 4, 1964 and March 28, 1973 with the

exception of the following:

(a) Those cases alleging acts of force or violence deemed to be

so serious by the Attorney General as to warrant continued

prosecution; and

(b) Those cases alleging acts in violation of the Military

Selective Service Act by agents, employees or officers of the

Selective Service System arising out of such employment.

2. The Attorney General shall terminate all investigations now

pending and shall not initiate further investigations alleging

violations of the Military Selective Service Act [see References in

Text note set out under section 451 of this Appendix] between

August 4, 1964 and March 28, 1973, with the exception of the

following:

(a) Those cases involving allegations of force or violence

deemed to be so serious by the Attorney General as to warrant

continued investigation, or possible prosecution; and

(b) Those cases alleging acts in violation of the Military

Selective Service Act by agents, employees or officers of the

Selective Service System arising out of such employment.

3. Any person who is or may be precluded from reentering the

United States under [former] 8 U.S.C. 1182(a)(22) or under any

other law, by reason of having committed or apparently committed

any violation of the Military Selective Service Act [see References

in Text note set out under section 451 of this Appendix] shall be

permitted as any other alien to reenter the United States.

The Attorney General is directed to exercise his discretion under

8 U.S.C. 1182(d)(5) or other applicable law to permit the reentry

of such persons under the same terms and conditions as any other

alien.

This shall not include anyone who falls into the exceptions of

paragraphs 1(a) and (b) and 2(a) and (b) above.

4. Any individual offered conditional clemency or granted a

pardon or other clemency under Executive Order 11803 [set out

above] or Presidential Proclamation 4313, dated September 16, 1974

[set out above], shall receive the full measure of relief afforded

by this program if they are otherwise qualified under the terms of

this Executive Order.

Jimmy Carter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 456, 460 of this

Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 463 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 463. Nonapplicability of certain laws

-STATUTE-

(a) Nothing in sections 203, 205, or 207 of title 18 of the

United States Code, or in the second sentence of subsection (a) of

section 9 of the Act of August 2, 1939 (53 Stat. 1148), entitled

"An Act to prevent pernicious political activities", as amended,

shall be deemed to apply to any person because of his appointment

under authority of this title [sections 451 to 471a of this

Appendix] or the regulations made pursuant thereto as an

uncompensated official of the Selective Service System, or as an

individual to conduct hearings on appeals of persons claiming

exemption from combatant or noncombatant training because of

conscientious objections, or as a member of the National Selective

Service Appeal Board.

(b) All functions performed under this title [sections 451 to

471a of this Appendix] shall be excluded from the operation of the

Administrative Procedure Act (60 Stat. 237) [5 U.S.C. 551 et seq.

and 701 et seq.] except as to the requirements of section 3 of such

Act [5 U.S.C. 552]. Notwithstanding the foregoing sentence, no

regulation issued under this Act shall become effective until the

expiration of thirty days following the date on which such

regulation has been published in the Federal Register. After the

publication of any regulation and prior to the date on which such

regulation becomes effective, any person shall be given an

opportunity to submit his views to the Director on such regulation,

but no formal hearing shall be required on any such regulation. The

requirements of this subsection may be waived by the President in

the case of any regulation if he (1) determines that compliance

with such requirements would materially impair the national

defense, and (2) gives public notice to that effect at the time

such regulation is issued.

(c) In computing the lump-sum payments made to Air Force reserve

officers under the provisions of section 2 of the Act of June 16,

1936, as amended and to reserve officers of the Navy or to their

beneficiaries under section 12 of the Act of August 4, 1942, as

amended, no credit shall be allowed for any period of active

service performed from the effective date of this title [June 24,

1948] to the date on which this title [sections 451 to 471a of this

Appendix] shall cease to be effective. Each such lumpsum payment

shall be prorated for a fractional part of a year of active service

in the case of any reserve officer subject to the provisions of

either such section, if such reserve officer performs continuous

active service for one or more years (inclusive of such service

performed during the period in which this title [said sections] is

effective) and such active service includes a fractional part of a

year immediately prior to the effective date of this title [June

24, 1948], or immediately following the date on which this title

[said sections] shall cease to be effective, or both.

-SOURCE-

(June 24, 1948, ch. 625, title I, Sec. 13, 62 Stat. 623; June 19,

1951, ch. 144, title I, Sec. 1(t), 65 Stat. 87; Pub. L. 88-110,

Sec. 6, Sept. 3, 1963, 77 Stat. 136; Pub. L. 92-129, title I, Sec.

101(a)(32), Sept. 28, 1971, 85 Stat. 353.)

-REFTEXT-

REFERENCES IN TEXT

The second sentence of subsection (a) of section 9 of the Act of

August 2, 1939, referred to in subsec. (a), was classified to

section 118i(a) of former Title 5 and was repealed by Pub. L.

89-554, Sept. 6, 1966, 80 Stat. 378, and reenacted as section

7324(a)(2) of Title 5, Government Organization and Employees.

Section 7324 of Title 5 was omitted and a new section 7324 enacted

in the general amendment of subchapter III of chapter 73 of Title 5

by Pub. L. 103-94, Sec. 2(a), Oct. 6, 1993, 107 Stat. 1001. See

section 7323(b)(2)(A) of Title 5.

The Administrative Procedure Act, referred to in subsec. (b), is

act June 11, 1946, ch. 324, 60 Stat. 237, as amended, which was

classified to sections 1001 to 1011 of former Title 5 and which was

repealed by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378, and

reenacted as subchapter II (Sec. 551 et seq.) of chapter 5, and

chapter 7 (Sec. 701 et seq.), of Title 5, Government Organization

and Employees.

This Act, referred to in subsec. (b), is act June 24, 1948, ch.

625, 62 Stat. 604, as amended, known as the Military Selective

Service Act. For complete classification of this Act to the Code,

see References in Text note set out under section 451 of this

Appendix and Tables.

Section 2 of the Act of June 16, 1936, as amended, referred to in

subsec. (c), is section 2 of act June 16, 1936, ch. 587, 49 Stat.

1524, as amended Apr. 3, 1939, ch. 35, Sec. 11, 53 Stat. 559; June

3, 1941, ch. 165, Sec. 6, 55 Stat. 240; July 25, 1947, ch. 323, 61

Stat. 424; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat.

501, which is not classified to the Code.

Section 12 of the Act of August 4, 1942, as amended, referred to

in subsec. (c), is section 12 of act Aug. 4, 1942, ch. 547, 56

Stat. 738, as amended Oct. 25, 1943, ch. 275, Sec. 1, 57 Stat. 574;

July 25, 1947, ch. 323, 61 Stat. 424, which is not classified to

the Code.

Date on which this title shall cease to be effective, referred to

in subsec. (c), is defined in section 467 of this Appendix.

-MISC1-

AMENDMENTS

1971 - Subsec. (b). Pub. L. 92-129 inserted provisions covering

the publication of regulations in the Federal Register.

1963 - Subsec. (a). Pub. L. 88-110 substituted "sections 203,

205, or 207 of title 18 of the United States Code" for "sections

281, 283, or 284 of title 18 of the United States Code, in section

190 of the Revised Statutes (U.S.C., title 5, sec. 99)".

1951 - Subsec. (a). Act June 19, 1951, brought within its

provisions members of the National Selective Service Appeal Board.

-End-

-CITE-

50 USC APPENDIX Sec. 464 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 464. Soldiers' and Sailors' Civil Relief Act as applicable

-STATUTE-

Notwithstanding the provisions of section 604 of the Act of

October 17, 1940 (54 Stat. 1191) [section 584 of this Appendix],

and the provisions of section 4 of the Act of July 25, 1947 (Public

Law 239, Eightieth Congress) [section 584 note of this Appendix],

all of the provisions of the Soldiers' and Sailors' Civil Relief

Act of 1940, as amended [sections 501 to 593 of this Appendix],

including specifically article IV thereof [sections 540 to 548 of

this Appendix], shall be applicable to all persons in the armed

forces of the United States, including all persons inducted into

the armed forces pursuant to this title [sections 451 to 471a of

this Appendix] or the Public Health Service, until such time as the

Soldiers' and Sailors' Civil Relief Act of 1940, as amended

[sections 501 to 593 of this Appendix] is repealed or otherwise

terminated by subsequent Act of the Congress: Provided, That, with

respect to persons inducted into the armed forces while this title

[said sections] is in effect, wherever under any section or

provision of the Soldiers' and Sailors' Civil Relief Act of 1940,

as amended [sections 501 to 593 of this Appendix] a proceeding,

remedy, privilege, stay, limitation, accounting, or other

transaction has been authorized or provided with respect to

military service performed while such Act is in force, such section

or provision shall be deemed to continue in full force and effect

so long as may be necessary to the exercise or enjoyment of such

proceeding, remedy, privilege, stay, limitation, accounting, or

other transaction.

-SOURCE-

(June 24, 1948, ch. 625, title I, Sec. 14, 62 Stat. 623; Sept. 27,

1950, ch. 1059, Sec. 1(11), 64 Stat. 1074.)

-REFTEXT-

REFERENCES IN TEXT

The Soldiers' and Sailors' Civil Relief Act of 1940, as amended,

referred to in text, is act Oct. 17, 1940, ch. 888, 54 Stat. 1178,

as amended, which is classified to section 501 et seq. of this

Appendix. For complete classification of this Act to the Code, see

section 501 of this Appendix.

-MISC1-

AMENDMENTS

1950 - Act Sept. 27, 1950, struck out ", the Coast Guard" after

"to this title".

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government

Organization and Employees. Secretary of Health, Education, and

Welfare redesignated Secretary of Health and Human Services by

section 3508(b) of Title 20, Education.

-MISC2-

TERMINATION OF WAR

Termination of war with respect to article IV of Soldiers' and

Sailors' Civil Relief Act, referred to in text, see note set out

under section 584 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 465 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 465. Notice of requirements of Act; voluntary enlistments

unaffected

-STATUTE-

(a) Every person shall be deemed to have notice of the

requirements of this title [sections 451 to 471a of this Appendix]

upon publication by the President of a proclamation or other public

notice fixing a time for any registration under section 3 [section

453 of this Appendix].

(b) It shall be the duty of every registrant to keep his local

board informed as to his current address and changes in status as

required by such rules and regulations as may be prescribed by the

President.

(c) If any provision of this title [sections 451 to 471a of this

Appendix], or the application thereof to any person or

circumstance, is held invalid, the remainder of the title [said

sections], and the application of such provision to other persons

or circumstances, shall not be affected thereby.

(d) Except as provided in section 4(c) [section 454(c) of this

Appendix], nothing contained in this title [sections 451 to 471a of

this Appendix] shall be construed to repeal, amend, or suspend the

laws now in force authorizing voluntary enlistment or reenlistment

in the Armed Forces of the United States, including the reserve

components thereof, except that no person shall be accepted for

enlistment after he has been issued an order to report for

induction unless authorized by the Director and the Secretary of

Defense and except that, whenever the Congress or the President has

declared that the national interest is imperiled, voluntary

enlistment or reenlistment in such forces, and their reserve

components, may be suspended by the President to such extent as he

may deem necessary in the interest of national defense.

(e) In order to assist the Armed Forces in recruiting individuals

for voluntary service in the Armed Forces, the Director shall, upon

the request of the Secretary of Defense or the Secretary of

Homeland Security, furnish to the Secretary the names and addresses

of individuals registered under this Act. Names and addresses

furnished pursuant to the preceding sentence may be used by the

Secretary of Defense or Secretary of Homeland Security only for

recruiting purposes.

-SOURCE-

(June 24, 1948, ch. 625, title I, Sec. 15, 62 Stat. 624; Pub. L.

92-129, title I, Sec. 101(a)(33), Sept. 28, 1971, 85 Stat. 353;

Pub. L. 97-86, title IX, Sec. 916(c), Dec. 1, 1981, 95 Stat. 1129;

Pub. L. 107-296, title XVII, Sec. 1704(e)(11)(E), Nov. 25, 2002,

116 Stat. 2316.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (e), is act June 24, 1948, ch.

625, 62 Stat. 604, as amended, known as the Military Selective

Service Act. For complete classification of this Act to the Code,

see References in Text note set out under section 451 of this

Appendix and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation" in two places.

1981 - Subsec. (e). Pub. L. 97-86 added subsec. (e).

1971 - Subsec. (d). Pub. L. 92-129 inserted provision empowering

the Director and the Secretary of Defense to authorize voluntary

enlistments and reenlistments in the Armed Forces after a person

has been issued an order to report for induction and struck out

reference to section 454(g) of this Appendix.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 456 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 466 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 466. Definitions

-STATUTE-

When used in this title [sections 451 to 471a of this Appendix] -

(a) The term "between the ages of eighteen and twenty-six" shall

refer to men who have attained the eighteenth anniversary of the

day of their birth and who have not attained the twenty-sixth

anniversary of the day of their birth; and other terms designating

different age groups shall be construed in a similar manner.

(b) The term "United States", when used in a geographical sense,

shall be deemed to mean the several States, the District of

Columbia, Puerto Rico, the Virgin Islands, and Guam.

(c) The term "armed forces" shall be deemed to include the Army,

the Navy, the Marine Corps, the Air Force, and the Coast Guard.

(d) The term "district court of the United States" shall be

deemed to include the courts of the United States for the

Territories and possessions of the United States.

(e) The term "local board" shall be deemed to include an

intercounty local board in the case of any registrant who is

subject to the jurisdiction of an intercounty local board.

(f) The term "Director" shall be deemed to mean the Director of

the Selective Service System.

(g)(1) The term "duly ordained minister of religion" means a

person who has been ordained, in accordance with the ceremonial,

ritual, or discipline of a church, religious sect, or organization

established on the basis of a community of faith and belief,

doctrines and practices of a religious character, to preach and to

teach the doctrines of such church, sect, or organization and to

administer the rites and ceremonies thereof in public worship, and

who as his regular and customary vocation preaches and teaches the

principles of religion and administers the ordinances of public

worship as embodied in the creed or principles of such church,

sect, or organization.

(2) The term "regular minister of religion" means one who as his

customary vocation preaches and teaches the principles of religion

of a church, a religious sect, or organization of which he is a

member, without having been formally ordained as a minister of

religion, and who is recognized by such church, sect, or

organization as a regular minister.

(3) The term "regular or duly ordained minister of religion" does

not include a person who irregularly or incidentally preaches and

teaches the principles of religion of a church, religious sect, or

organization and does not include any person who may have been duly

ordained a minister in accordance with the ceremonial, rite, or

discipline of a church, religious sect or organization, but who

does not regularly, as a bona fide vocation, teach and preach the

principles of religion and administer the ordinances of public

worship as embodied in the creed or principles of his church, sect,

or organization.

(h) The term "organized unit", when used with respect to a

reserve component, shall be deemed to mean a unit in which the

members thereof are required satisfactorily to participate in

scheduled drills and training periods as prescribed by the

Secretary of Defense.

(i) The term "reserve components of the armed forces" shall,

unless the context otherwise requires, be deemed to include the

federally recognized National Guard of the United States, the

federally recognized Air National Guard of the United States, the

Officers' Reserve Corps, the Regular Army Reserve, the Air Force

Reserve, the Enlisted Reserve Corps, the Naval Reserve, the Marine

Corps Reserve, and the Coast Guard Reserve, and shall include, in

addition to the foregoing, the Public Health Service Reserve when

serving with the armed forces.

-SOURCE-

(June 24, 1948, ch. 625, title I, Sec. 16, 62 Stat. 624; Sept. 27,

1950, ch. 1059, Sec. 1(12), (13), 64 Stat. 1074; June 19, 1951, ch.

144, title I, Sec. 1(v), 65 Stat. 87; Pub. L. 86-70, Sec. 36, June

25, 1959, 73 Stat. 150; Pub. L. 86-624, Sec. 39, July 12, 1960, 74

Stat. 422; Pub. L. 92-129, title I, Sec. 101(a)(34), Sept. 28,

1971, 85 Stat. 353.)

-MISC1-

AMENDMENTS

1971 - Subsec. (g)(3). Pub. L. 92-129 inserted "bona fide" before

"vocation".

1960 - Subsec. (b). Pub. L. 86-624 struck out "Hawaii," before

"Puerto Rico".

1959 - Subsec. (b). Pub. L. 86-70 struck out "Alaska," after

"District of Columbia,".

1951 - Subsec. (b). Act June 19, 1951, brought "Guam" within

definition of "United States".

1950 - Subsec. (c). Act Sept. 27, 1950, Sec. 1(12), struck out

"and" after "Corps" and inserted ", and the Coast Guard" before the

period.

Subsec. (i). Act Sept. 27, 1950, Sec. 1(13), struck out "and"

after "Naval Reserve" and ", the Coast Guard Reserve" after

"foregoing" and inserted "and the Coast Guard Reserve" after

"Marine Corps Reserve".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Coast Guard transferred to Department of Transportation, and

functions, powers, and duties relating to Coast Guard of Secretary

of the Treasury and of all other officers and offices of Department

of the Treasury transferred to Secretary of Transportation by Pub.

L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section

6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding

such transfer of functions, Coast Guard shall operate as part of

Navy in time of war or when President directs as provided in

section 3 of Title 14, Coast Guard. See section 108 of Title 49,

Transportation.

For transfer of functions of other officers, employees, and

agencies of Department of the Treasury, with certain exceptions, to

Secretary of the Treasury with power to delegate, see Reorg. Plan

No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64

Stat. 1280, 1281, set out in the Appendix to Title 5, Government

Organization and Employees. Functions of Coast Guard, and

Commandant of Coast Guard, excepted from transfer when Coast Guard

is operating as part of Navy under sections 1 and 3 of Title 14,

Coast Guard.

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government

Organization and Employees. Secretary of Health, Education, and

Welfare redesignated Secretary of Health and Human Services by

section 3508(b) of Title 20, Education.

-End-

-CITE-

50 USC APPENDIX Sec. 467 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 467. Repeals; appropriations; termination date

-STATUTE-

(a) Except as provided in this title [sections 451 to 471a of

this Appendix] all laws or any parts of laws in conflict with the

provisions of the title [said sections] are repealed to the extent

of such conflict.

(b) There are authorized to be appropriated, out of any money in

the Treasury not otherwise appropriated, such sums as may be

necessary to carry out the provisions of this title [sections 451

to 471a of this Appendix]. All funds appropriated for the

administrative expenses of the National Security Training

Commission shall be appropriated directly to the Commission and all

funds appropriated to pay the expenses of training carried out by

the military departments designated by the Commission shall be

appropriated directly to the Department of Defense.

(c) Notwithstanding any other provisions of this title [sections

451 to 471a of this Appendix], no person shall be inducted for

training and service in the Armed Forces after July 1, 1973, except

persons now or hereafter deferred under section 6 of this title

[section 456 of this Appendix] after the basis for such deferment

ceases to exist.

-SOURCE-

(June 24, 1948, ch. 625, title I, Sec. 17, 62 Stat. 625; June 23,

1950, ch. 351, 64 Stat. 254; June 30, 1950, ch. 445, Sec. 1, 64

Stat. 318; June 19, 1951, ch. 144, title I, Sec. 1(w), 65 Stat. 87;

June 30, 1955, ch. 250, title I, Sec. 102, 69 Stat. 224; Pub. L.

86-4, Sec. 1, Mar. 23, 1959, 73 Stat. 13; Pub. L. 88-2, Sec. 1,

Mar. 28, 1963, 77 Stat. 4; Pub. L. 90-40, Sec. 1(12), June 30,

1967, 81 Stat. 105; Pub. L. 92-129, title I, Sec. 101(a)(35), Sept.

28, 1971, 85 Stat. 353.)

-MISC1-

AMENDMENTS

1971 - Subsec. (c). Pub. L. 92-129 extended termination date from

July 1, 1971, to July 1, 1973.

1967 - Subsec. (c). Pub. L. 90-40 extended termination date from

July 1, 1967, to July 1, 1971.

1963 - Subsec. (c). Pub. L. 88-2 extended termination date from

July 1, 1963, to July 1, 1967.

1959 - Subsec. (c). Pub. L. 86-4 extended termination date from

July 1, 1959, to July 1, 1963.

1955 - Subsec. (c). Act June 30, 1955, extended termination date

from July 1, 1955, to July 1, 1959.

1951 - Act June 19, 1951, amended section generally to provide

for repeal of all conflicting laws, to appropriate certain funds

directly to the Commission, and to provide for the termination date

of July 1, 1955.

1950 - Subsec. (b). Acts June 23, 1950 and June 30, 1950,

extended period of effectiveness for fifteen days until July 9,

1950, and again from July 9, 1950, to July 9, 1951.

EFFECTIVE DATE OF 1971 AMENDMENT

Section 101(a)(35) of Pub. L. 92-129 provided in part that: "The

amendment made by the preceding sentence [amending this section]

shall take effect July 2, 1971."

TERMINATION OF NATIONAL SECURITY TRAINING COMMISSION

National Security Training Commission expired June 30, 1957,

pursuant to a Presidential letter on Mar. 25, 1957, following its

own recommendation for its termination.

-End-

-CITE-

50 USC APPENDIX Sec. 468 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 468. Utilization of industry

-STATUTE-

(a) Placement of orders; Congressional action: notification of

committees of certain proposed payment orders, resolution of

disapproval, continuity of session, computation of period; "small

business" defined

Whenever the President after consultation with and receiving

advice from the National Security Resources Board (!1) determines

that it is in the interest of the national security for the

Government to obtain prompt delivery of any articles or materials

the procurement of which has been authorized by the Congress

exclusively for the use of the armed forces of the United States,

or for the use of the Atomic Energy Commission,(!1) he is

authorized, through the head of any Government agency, to place

with any person operating a plant, mine, or other facility capable

of producing such articles or materials an order for such quantity

of such articles or materials as the President deems appropriate,

except that no order which requires payments thereunder in excess

of $25,000,000 shall be placed with any person unless the

Committees on Armed Services of the Senate and the House of

Representatives have been notified in writing of such proposed

order and 60 days of continuous session of Congress have expired

following the date on which such notice was transmitted to such

Committees and neither House of Congress has adopted, within such

60-day period, a resolution disapproving such order. For purposes

of the preceding sentence, the continuity of a session of Congress

is broken only by an adjournment of the Congress sine die, and the

days on which either House is not in session because of an

adjournment of more than 3 days to a day certain are excluded in

the computation of such 60-day period. Any person with whom an

order is placed pursuant to the provisions of this section shall be

advised that such order is placed pursuant to the provisions of

this section. Under any such program of national procurement, the

President shall recognize the valid claim of American small

business to participate in such contracts, in such manufactures,

and in such distribution of materials, and small business shall be

granted a fair share of the orders placed, exclusively for the use

of the armed forces or for other Federal agencies now or hereafter

designated in this section. For the purposes of this section, a

business enterprise shall be determined to be "small business" if

(1) its position in the trade or industry of which it is a part is

not dominant, (2) the number of its employees does not exceed 500,

and (3) it is independently owned and operated.

(b) Precedence of Government placed orders

It shall be the duty of any person with whom an order is placed

pursuant to the provisions of subsection (a), (1) to give such

order such precedence with respect to all other orders (Government

or private) theretofore or thereafter placed with such person as

the President may prescribe, and (2) to fill such order within the

period of time prescribed by the President or as soon thereafter as

possible.

(c) Failure to give precedence; Government possession

In case any person with whom an order is placed pursuant to the

provisions of subsection (a) of this section refuses or fails -

(1) to give such order such precedence with respect to all

other orders (Government or private) theretofore or thereafter

placed with such person as the President may have prescribed;

(2) to fill such order within the period of time prescribed by

the President or as soon thereafter as possible as determined by

the President;

(3) to produce the kind or quality of articles or materials

ordered; or

(4) to furnish the quantity, kind, and quality of articles or

materials ordered at such price as shall be negotiated between

such person and the Government agency concerned; or in the event

of failure to negotiate a price, to furnish the quantity, kind,

and quality of articles or materials ordered at such price as he

may subsequently be determined to be entitled to receive under

subsection (d);

the President is authorized to take immediate possession of any

plant, mine, or other facility of such person and to operate it,

through any Government agency, for the production of such articles

or materials as may be required by the Government.

(d) Payment of compensation by United States

Fair and just compensation shall be paid by the United States (1)

for any articles or materials furnished pursuant to an order placed

under subsection (a) of this section, or (2) as rental for any

plant, mine, or other facility of which possession is taken under

subsection (c).

(e) Application of Federal and State laws governing employees

Nothing contained in this section shall be deemed to render

inapplicable to any plant, mine, or facility of which possession is

taken pursuant to subsection (c) any State or Federal laws

concerning the health, safety, security, or employment standards of

employees.

(f) Penalties

Any person, or any officer of any person as defined in this

section, who willfully fails or refuses to carry out any duty

imposed upon him by subsection (b) of this section shall be guilty

of a felony and, upon conviction thereof, shall be punished by

imprisonment for not more than three years, or by a fine of not

more than $50,000, or by both such imprisonment and fine.

(g) "Person" and "Government agency" defined

(1) As used in this section -

(A) The term "person" means any individual, firm, company,

association, corporation, or other form of business organization.

(B) The term "Government agency" means any department, agency,

independent establishment, or corporation in the Executive branch

of the United States Government.

(2) For the purposes of this section, a plant, mine, or other

facility shall be deemed capable of producing any articles or

materials if it is then producing or furnishing such articles or

materials or if the President after consultation with and receiving

advice from the National Security Resources Board determines that

it can be readily converted to the production or furnishing of such

articles or materials.

(h) Rules and regulations governing steel industry; mandatory

The President is empowered, through the Secretary of Defense, to

require all producers of steel in the United States to make

available, to individuals, firms, associations, companies,

corporations, or organized manufacturing industries having orders

for steel products or steel materials required by the armed forces,

such percentages of the steel production of such producers, in

equal proportion deemed necessary for the expeditious execution of

orders for such products or materials. Compliance with such

requirement shall be obligatory on all such producers of steel and

such requirement shall take precedence over all orders and

contracts theretofore placed with such producers. If any such

producer of steel or the responsible head or heads thereof refuses

to comply with such requirement, the President, through the

Secretary of Defense, is authorized to take immediate possession of

the plant or plants of such producer and, through the appropriate

branch, bureau, or department of the armed forces, to insure

compliance with such requirement. Any such producer of steel or the

responsible head or heads thereof refusing to comply with such

requirement shall be deemed guilty of a felony and upon conviction

thereof shall be punished by imprisonment for not more than three

years and a fine not exceeding $50,000.

-SOURCE-

(June 24, 1948, ch. 625, title I, Sec. 18, 62 Stat. 625; Pub. L.

93-155, title VIII, Sec. 807(d), Nov. 16, 1973, 87 Stat. 616; Pub.

L. 101-510, div. A, title XIII, Sec. 1303(c), Nov. 5, 1990, 104

Stat. 1669.)

-MISC1-

AMENDMENTS

1990 - Subsec. (h). Pub. L. 101-510 struck out "(1)" before "The

President is empowered" and struck out par. (2) which read as

follows: "The President shall report to the Congress on the final

day of each six-month period following the date of enactment of

this Act the percentage figure, or if such information is not

available, the approximate percentage figure, of the total steel

production in the United States required to be made available

during such period for the execution of orders for steel products

and steel materials required by the armed forces, if such

percentage figure is in excess of 10 per centum."

1973 - Subsec. (a). Pub. L. 93-155 provided for notification of

Congressional Committees with respect to certain proposed payment

orders, Congressional resolution of disapproval, continuity of

Congressional session, and computation of period.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Chairman of National Security Resources Board under

this section, with respect to being consulted by and furnishing

advice to President as required by this section, abolished by

Reorg. Plan No. 3 of 1953, Sec. 5(a), eff. June 12, 1953, 18 F.R.

3375, 67 Stat. 634, set out in the Appendix to Title 5, Government

Organization and Employees.

National Security Resources Board, together with its functions,

records, property, personnel, and unexpended balances of

appropriations, allocations, and other funds (available or to be

made available) transferred to Executive Office of President by

Reorg. Plan No. 4 of 1949, eff. Aug. 19, 1949, 14 F.R. 5227, 63

Stat. 1067, set out in the Appendix to Title 5, Government

Organization and Employees. For subsequent transfers to Office of

Defense Mobilization, Office of Emergency Planning, Office of

Emergency Preparedness, and President, see notes set out under

section 404 of this title.

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of Title 42, The Public Health and Welfare.

See also Transfer of Functions notes set out under those sections.

DELEGATION OF AUTHORITY

For delegation of President's authority under this section with

respect to placing of orders for prompt delivery of articles or

materials, see section 102 of Ex. Ord. No. 12742, Jan. 8, 1991, 56

F.R. 1079, set out as a note under section 82 of Title 50, War and

National Defense.

-MISC2-

OBLIGATIONS ENTERED INTO BEFORE NOVEMBER 16, 1973

Amendment by Pub. L. 93-155 not affecting the carrying out of any

contract, loan, guarantee, commitment, or other obligation entered

into prior to Nov. 16, 1973, see section 807(e) of Pub. L. 93-155,

set out as a note under section 2307 of Title 10, Armed Forces.

-FOOTNOTE-

(!1) See Transfer of Functions note below.

-End-

-CITE-

50 USC APPENDIX Sec. 469 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 469. Savings provision

-STATUTE-

Nothing in this title [sections 451 to 471a of this Appendix]

shall be deemed to amend any provision of the National Security Act

of 1947 (61 Stat. 495).

-SOURCE-

(June 24, 1948, ch. 625, title I, Sec. 19, 62 Stat. 627.)

-REFTEXT-

REFERENCES IN TEXT

The National Security Act of 1947 (61 Stat. 495), referred to in

text, is act July 26, 1947, ch. 343, 61 Stat. 495, as amended. For

complete classification of this Act to the Code, see Short Title

note set out under section 401 of Title 50, War and National

Defense, and Tables.

-End-

-CITE-

50 USC APPENDIX Sec. 470 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 470. Effective date

-STATUTE-

This title [sections 451 to 471a of this Appendix] shall become

effective immediately; except that unless the President, or the

Congress by concurrent resolution, declares a national emergency

after the date of enactment of this Act [June 24, 1948], no person

shall be inducted or ordered into active service without his

consent under this title [said sections] within ninety days after

the date of its enactment.

-SOURCE-

(June 24, 1948, ch. 625, title I, Sec. 20, 62 Stat. 627; Sept. 27,

1950, ch. 1059, Sec. 1(14), 64 Stat. 1074; Aug. 10, 1956, ch. 1041,

Sec. 53, 70A Stat. 641.)

-MISC1-

AMENDMENTS

1956 - Act Aug. 10, 1956, repealed provisions requiring the

Secretaries of the Army, Navy, and the Treasury to initiate and

carry forward intensified voluntary enlistment campaigns for the

Army, Air Force, Navy, Marine Corps, and the Coast Guard, which

provisions are now covered by sections 3255 and 5531 of Title 10,

Armed Forces, and section 350 of Title 14, Coast Guard.

1950 - Act Sept. 27, 1950, struck out "and" after "Air Force" and

inserted "and the Secretary of the Treasury, for the Coast Guard"

after "Marine Corps".

-End-

-CITE-

50 USC APPENDIX Sec. 471 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 471. Authority of President to order Reserve components to

active service; release from active duty; retention of unit

organizations and equipment

-STATUTE-

Until July 1, 1953, and subject to the limitations imposed by

section 2 of the Selective Service Act of 1948, as amended [section

452 of this Appendix], the President shall be authorized to order

into the active military or naval service of the United States for

a period of not to exceed twenty-four consecutive months, with or

without their consent, any or all members and units of any or all

Reserve components of the Armed Forces of the United States and

retired personnel of the Regular Armed Forces. Unless he is sooner

released under regulations prescribed by the Secretary of the

military department concerned, any member of the inactive or

volunteer reserve who served on active duty for a period of 12

months or more in any branch of the Armed Forces between the period

December 7, 1941, and September 2, 1945, inclusive, who is now or

may hereafter be ordered to active duty pursuant to this section,

shall upon completion of 17 or more months of active duty since

June 25, 1950, if he makes application therefor to the Secretary of

the branch of service in which he is serving, be released from

active duty and shall not thereafter be ordered to active duty for

periods in excess of 30 days without his consent except in time of

war or national emergency hereafter declared by the Congress:

Provided, That the foregoing shall not apply to any member of the

inactive or volunteer reserve ordered to active duty whose rating

or specialty is found by the Secretary of the military department

concerned to be critical and whose release to inactive duty prior

to the period for which he was ordered to active duty would impair

the efficiency of the military department concerned.

The President may retain the unit organizations and the equipment

thereof, exclusive of the individual members thereof, in the active

Federal service for a total period of five consecutive years, and

upon being relieved by the appropriate Secretary from active

Federal service, National Guard, or Air National Guard units,

shall, insofar as practicable, be returned to their National Guard

or Air National Guard status in their respective States,

Territories, the District of Columbia, and Puerto Rico, with

pertinent records, colors, histories, trophies, and other

historical impedimenta.

-SOURCE-

(June 24, 1948, ch. 625, title I, Sec. 21, as added June 30, 1950,

ch. 445, Sec. 2, 64 Stat. 318; amended June 19, 1951, ch. 144,

title I, Sec. 1(x), 65 Stat. 87; July 7, 1952, ch. 584, Sec. 1, 66

Stat. 440.)

-MISC1-

AMENDMENTS

1952 - Act July 7, 1952, authorized the President to retain unit

organizations and their equipment, exclusive of individual members,

for a period of five years.

1951 - Act June 19, 1951, substituted "July 1, 1953" for "July 9,

1951", "twenty-four months" for "twenty-one months", and inserted

last sentence.

-EXEC-

EX. ORD. NO. 10271. DELEGATION OF PRESIDENT'S AUTHORITY

Ex. Ord. No. 10271, July 7, 1951, 16 F.R. 6661, as amended by Ex.

Ord. No. 13286, Sec. 80, Feb. 28, 2003, 68 F.R. 10631, provided:

There is hereby delegated to the Secretary of Defense the

authority vested in the President by section 21 of the Universal

Military Training and Service Act (64 Stat. 318), as amended by the

1951 Amendments to the Universal Military Training and Service Act

(65 Stat. 87; Public Law 51, 82d Congress) [this section], to order

into the active military or naval service of the United States for

a period not to exceed twenty-four months, with or without their

consent, any or all members and units of any or all Reserve

components of the Armed Forces of the United States and retired

personnel of the Regular Armed Forces: Provided, that so much of

the authority of the President under the said section 21, as

amended [this section], as relates to any Reserve component of the

United States Coast Guard or to retired personnel of the Regular

Coast Guard is hereby delegated to the Secretary of Homeland

Security.

The Secretary of Defense is hereby authorized to redelegate,

subject to such conditions as the Secretary may deem appropriate,

to the Secretaries of the Army, Navy, and Air Force such functions

under this order as affect their respective services.

-End-

-CITE-

50 USC APPENDIX Sec. 471a 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 471a. Procedural rights

-STATUTE-

(a) It is hereby declared to be the purpose of this section to

guarantee to each registrant asserting a claim before a local or

appeal board, a fair hearing consistent with the informal and

expeditious processing which is required by selective service

cases.

(b) Pursuant to such rules and regulations as the President may

prescribe -

(1) Each registrant shall be afforded the opportunity to appear

in person before the local or any appeal board of the Selective

Service System to testify and present evidence regarding his

status.

(2) Subject to reasonable limitations on the number of witnesses

and the total time allotted to each registrant, each registrant

shall have the right to present witnesses on his behalf before the

local board.

(3) A quorum of any local board or appeal board shall be present

during the registrant's personal appearance.

(4) In the event of a decision adverse to the claim of a

registrant, the local or appeal board making such decision shall,

upon request, furnish to such registrant a brief written statement

of the reasons for its decision.

-SOURCE-

(June 24, 1948, ch. 625, title I, Sec. 22, as added Pub. L. 92-129,

title I, Sec. 101(a)(36), Sept. 28, 1971, 85 Stat. 353.)

-End-

-CITE-

50 USC APPENDIX Sec. 472 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 472. Period of increased service applicable to all personnel

-STATUTE-

Wherever in this amendatory Act the period of active service for

any category of persons is increased, such increased period of

service shall be applicable to all persons in such category serving

on active duty in the Armed Forces on the date of the enactment of

this amendatory Act [June 19, 1951].

-SOURCE-

(June 19, 1951, ch. 144, title I, Sec. 4, 65 Stat. 88.)

-COD-

CODIFICATION

Section was enacted as part of the 1951 Amendments to the

Universal Military Training and Service Act, and not as part of the

Military Selective Service Act, title I of which comprises sections

451 to 471a of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 473 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 473. Regulations governing liquor sales; penalties

-STATUTE-

Subject to section 2683(c) of title 10, United States Code, the

Secretary of Defense is authorized to make such regulations as he

may deem to be appropriate governing the sale, consumption,

possession of or traffic in beer, wine, or any other intoxicating

liquors to or by members of the Armed Forces or the National

Security Training Corps at or near any camp, station, post, or

other place primarily occupied by members of the Armed Forces or

the National Security Training Corps. Any person, corporation,

partnership, or association who knowingly violates the regulations

which may be made hereunder shall, unless otherwise punishable

under the Uniform Code of Military Justice, be deemed guilty of a

misdemeanor and be punished by a fine of not more than $1,000 or

imprisonment for not more than twelve months, or both.

-SOURCE-

(June 19, 1951, ch. 144, title I, Sec. 6, 65 Stat. 88; Pub. L.

99-145, title XII, Sec. 1224(b)(2), Nov. 8, 1985, 99 Stat. 729.)

-REFTEXT-

REFERENCES IN TEXT

The Uniform Code of Military Justice, referred to in text, is

classified generally to chapter 47 (Sec. 801 et seq.) of Title 10,

Armed Forces.

-COD-

CODIFICATION

Section was enacted as a part of the 1951 Amendments to the

Universal Military Training and Service Act, and not as a part of

the Military Selective Service Act, title I of which comprises

sections 451 to 471a of this Appendix.

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-145 substituted "Subject to section 2683(c) of

title 10, United States Code, the" for "The".

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-145 effective 90 days after Nov. 8, 1985,

see section 1224(d) of Pub. L. 99-145, set out as a note under

section 2683 of Title 10, Armed Forces.

-End-

-CITE-

50 USC APPENDIX SOLDIERS' AND SAILORS' CIVIL

RELIEF ACT OF 1940 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

-HEAD-

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

-End-

-CITE-

50 USC APPENDIX ACT OCT. 17, 1940, CH. 888, 54

STAT. 1178 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

-HEAD-

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

-MISC1-

Sec.

501. Short title.

ARTICLE I - GENERAL PROVISIONS

510. Purpose; suspension of enforcement of civil

liabilities.

511. Definitions.

512. Territorial application; jurisdiction of courts; form

of procedure.

513. Protection of persons secondarily liable.

514. Extension of benefits to citizens serving with forces

of war allies.

515. Notice of benefits to persons in and persons entering

military service.

516. Extension of benefits to persons ordered to report for

induction or military service.

517. Effect on rights, remedies, etc., pursuant to written

agreements entered after commencement of military

service.

518. Exercise of rights under Act not to affect certain

future financial transactions.

ARTICLE II - GENERAL RELIEF

520. Default judgments; affidavits; bonds; attorneys for

persons in service.

521. Stay of proceedings where military service affects

conduct thereof.

522. Fines and penalties on contracts, etc.

523. Stay or vacation of execution of judgments,

attachments, etc.

524. Duration and term of stays; codefendants not in

service.

525. Statutes of limitations as affected by period of

service.

526. Maximum rate of interest.

527. Limitations prescribed by internal revenue laws as

affected by period of service.

ARTICLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,

ASSIGNMENTS, LEASES

530. Eviction or distress during military service; stay;

penalty for noncompliance; allotment of pay for

payment.

531. Installment contracts for purchase of property.

532. Mortgages, trust deeds, etc.

533. Settlement of cases involving stayed proceedings to

foreclose mortgage on, resume possession of, or

terminate contract for purchase of, personal

property.

534. Termination of leases by lessees.

535. Protection of assignor of life insurance policy;

enforcement of storage liens; penalties.

536. Extension of benefits to dependents.

ARTICLE IV - INSURANCE

540. Definitions.

541. Persons entitled to benefits of article; applications;

amount of insurance protected.

542. Form of application; reports to Secretary of Veterans

Affairs by insurer; policy deemed modified upon

application for protection.

543. Determination of policies entitled to protection;

notice to parties; lapse of policies for nonpayment

of premiums, etc.

544. Rights and privileges of insured during period of

protection.

545. Deduction of unpaid premiums upon settlement of

policies maturing during protection.

546. Guaranty of premiums and interest by United States;

settlement of amounts due upon expiration of

protection; subrogation of United States; crediting

debt repayments.

547. Regulations; finality of determinations.

548 to 554. Repealed or Omitted.

ARTICLE V - TAXES AND PUBLIC LANDS

560. Taxes respecting personalty, money, credits, or

realty; sale of property to enforce collection;

redemption of property sold; penalty for nonpayment;

notice of rights to beneficiaries of section.

561. Rights to public lands not forfeited; grazing lands.

562. Homestead entries and settlement claims; service as

equivalent to residence and cultivation.

563. Death or incapacity during or resulting from service

as affecting rights; perfection of rights.

564. Desert-land entries; suspension of requirements.

565. Mining claims; requirements suspended.

566. Mineral permits and leases; suspension of operations

and term of permits and leases.

567. Right to take action for perfection, defense, etc., of

rights as unaffected; affidavits and proofs.

568. Irrigation rights; residence requirements suspended.

569. Distribution of information concerning benefits of

article; forms.

570. Homestead entrymen permitted to leave entries to

perform farm labor.

571. Land rights of persons under 21.

572. Extension of benefits to persons serving with war

allies of United States.

573. Income taxes; collection deferred; interest; statute

of limitations.

574. Residence for tax purposes.

ARTICLE VI - ADMINISTRATIVE REMEDIES

580. Transfers to take advantage of act.

581. Certificates of service; persons reported missing.

582. Revocation, etc., of interlocutory orders.

583. Separability.

584. Termination date.

585. Omitted.

ARTICLE VII - FURTHER RELIEF

590. Stay of enforcement of obligations, liabilities,

taxes, etc.

591. Power of attorney.

(a) Extension for period person in missing status.

(b) Limitation on extension.

(c) Persons subject to coverage.

592. Professional liability protection for certain persons

ordered to active duty in armed forces.

(a) Applicability.

(b) Suspension of coverage.

(c) Reinstatement of coverage.

(d) Increase in premium.

(e) Continuation of coverage of unaffected persons.

(f) Stay of civil or administrative actions.

(g) Effect of suspension upon limitations period.

(h) Death during period of suspension.

(i) Definitions.

593. Reinstatement of health insurance coverage upon

release from service.

(a) Right to reinstatement of coverage.

(b) Exclusion or waiting period.

(c) Employer-offered insurance benefits.

594. Guarantee of residency for military personnel.

EXTENSION OF BENEFITS TO INDUCTEES UNDER UNIVERSAL MILITARY

TRAINING AND SERVICE ACT

The benefits of the Soldiers' and Sailors' Civil Relief Act of

1940 (see section 501 of this Appendix) are extended to inductees

under the Universal Military Training and Service Act by section

464 of this Appendix.

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1918

Former provisions on this subject were contained in act Mar. 8,

1918, ch. 20, 40 Stat. 440, known as the Soldiers' and Sailors'

Civil Relief Act of 1918, section 101 et seq. of this Appendix.

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

This Act is referred to in section 464 of this Appendix; title 5

sections 5520a, 5569; title 10 section 1408; title 26 section 7654;

title 33 section 3072; title 42 section 213.

-End-

-CITE-

50 USC APPENDIX Sec. 501 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

-HEAD-

Sec. 501. Short title

-STATUTE-

This Act [sections 501 to 593 of this Appendix] may be cited as

the Soldiers' and Sailors' Civil Relief Act of 1940.

-SOURCE-

(Oct. 17, 1940, ch. 888, Sec. 1, 54 Stat. 1178.)

-MISC1-

SHORT TITLE OF 1991 AMENDMENT

Pub. L. 102-12, Sec. 1, Mar. 18, 1991, 105 Stat. 34, provided

that: "This Act [enacting sections 518, 592, and 593 of this

Appendix, amending sections 511 to 513, 515, 516, 525, 526, 530 to

532, 534, 535, 540 to 545, 547, 564 to 567, 570, 574, 580, 581,

584, and 591 of this Appendix and sections 2021 and 2024 of Title

38, Veterans' Benefits, repealing section 548 of this Appendix, and

enacting provisions set out as notes under sections 521 and 530 of

this Appendix and sections 2021 and 2024 of Title 38] may be cited

as the 'Soldiers' and Sailors' Civil Relief Act Amendments of

1991'."

SHORT TITLE OF 1942 AMENDMENT

Act Oct. 6, 1942, ch. 581, Sec. 1, 56 Stat. 769, provided: "That

this Act [enacting sections 514 to 517, 526, 533 to 536, 574, and

590 of this Appendix and amending sections 513, 525, 530 to 532,

540 to 548, 560, 569, and 572 of this Appendix] may be cited as the

'Soldiers' and Sailors' Civil Relief Act Amendments of 1942'."

-End-

-CITE-

50 USC APPENDIX ARTICLE I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE I - GENERAL PROVISIONS

-HEAD-

ARTICLE I - GENERAL PROVISIONS

-SECREF-

ARTICLE REFERRED TO IN OTHER SECTIONS

This article is referred to in section 516 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 510 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE I - GENERAL PROVISIONS

-HEAD-

Sec. 510. Purpose; suspension of enforcement of civil liabilities

-STATUTE-

In order to provide for, strengthen, and expedite the national

defense under the emergent conditions which are threatening the

peace and security of the United States and to enable the United

States the more successfully to fulfill the requirements of the

national defense, provision is made to suspend enforcement of civil

liabilities, in certain cases, of persons in the military service

of the United States in order to enable such persons to devote

their entire energy to the defense needs of the Nation, and to this

end the following provisions are made for the temporary suspension

of legal proceedings and transactions which may prejudice the civil

rights of persons in such service during the period herein

specified over which this Act [sections 501 to 593 of this

Appendix] remains in force.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. I, Sec. 100, 54 Stat. 1179.)

-End-

-CITE-

50 USC APPENDIX Sec. 511 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE I - GENERAL PROVISIONS

-HEAD-

Sec. 511. Definitions

-STATUTE-

(1) The term "person in the military service", the term "persons

in military service", and the term "persons in the military service

of the United States", as used in this Act [sections 501 to 593 of

this Appendix], shall include the following persons and not other:

All members of the Army of the United States, the United States

Navy, the Marine Corps, the Air Force, the Coast Guard, all

officers of the Public Health Service detailed by proper authority

for duty either with the Army or the Navy, and all members of the

National Guard on service described in the following sentence. The

term "military service", as used in this Act [said sections], shall

signify Federal service on active duty with any branch of service

heretofore referred to or mentioned as well as training or

education under the supervision of the United States preliminary to

induction into the military service, and, in the case of a member

of the National Guard, shall include service under a call to active

service authorized by the President or the Secretary of Defense for

a period of more than 30 consecutive days under section 502(f) of

title 32, United States Code, for purposes of responding to a

national emergency declared by the President and supported by

Federal funds. The terms "active service" or "active duty" shall

include the period during which a person in military service is

absent from duty on account of sickness, wounds, leave, or other

lawful cause.

(2) The term "period of military service", as used in this Act

[said sections], means, in the case of any person, the period

beginning on the date on which the person enters active service and

ending on the date of the person's release from active service or

death while in active service, but in no case later than the date

when this Act [said sections] ceases to be in force.

(3) The term "person", when used in this Act [said sections],

with reference to the holder of any right alleged to exist against

a person in military service or against a person secondarily liable

under such right, shall include individuals, partnerships,

corporations, and any other forms of business association.

(4) The term "court", as used in this Act [said sections], shall

include any court of competent jurisdiction of the United States or

of any State, whether or not a court of record.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. I, Sec. 101, 54 Stat. 1179; Pub. L.

92-540, title V, Sec. 504(1), Oct. 24, 1972, 86 Stat. 1098; Pub. L.

102-12, Sec. 9(1), Mar. 18, 1991, 105 Stat. 38; Pub. L. 107-330,

title III, Sec. 305, Dec. 6, 2002, 116 Stat. 2826.)

-MISC1-

AMENDMENTS

2002 - Par. (1). Pub. L. 107-330 substituted "all" for "and all"

in first sentence, inserted ", and all members of the National

Guard on service described in the following sentence" before period

at end of first sentence, and inserted ", and, in the case of a

member of the National Guard, shall include service under a call to

active service authorized by the President or the Secretary of

Defense for a period of more than 30 consecutive days under section

502(f) of title 32, United States Code, for purposes of responding

to a national emergency declared by the President and supported by

Federal funds" before period at end of second sentence.

1991 - Par. (1). Pub. L. 102-12, Sec. 9(1)(A), inserted "the Air

Force," after "the Marine Corps,".

Par. (2). Pub. L. 102-12, Sec. 9(1)(B), substituted "means, in

the case of any person, the period beginning on the date on which

the person enters active service and ending on the date of the

person's release" for "shall include the time between the following

dates: For persons in active service at the date of approval of

this Act it shall begin with the date of approval of this Act; for

persons entering active service after the date of this Act, with

the date of entering active service. It shall terminate with the

date of discharge".

1972 - Par. (1). Pub. L. 92-540 inserted provision relating to

"person in the military service".

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-540 effective 90 days after Oct. 24,

1972, see section 601(b) of Pub. L. 92-540, set out as a note under

section 4101 of Title 38, Veterans' Benefits.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Coast Guard transferred to Department of Transportation, and

functions, powers, and duties relating to Coast Guard of Secretary

of the Treasury and of all other officers and offices of Department

of the Treasury transferred to Secretary of Transportation, by Pub.

L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section

6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding

such transfer of functions, Coast Guard shall operate as part of

Navy in time of war or when President directs as provided in

section 3 of Title 14, Coast Guard. See section 108 of Title 49,

Transportation.

For transfer of functions of other officers, employees, and

agencies of Department of the Treasury, with certain exceptions, to

Secretary of the Treasury with power to delegate, see Reorg. Plan

No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64

Stat. 1280, 1281, set out in the Appendix to Title 5, Government

Organization and Employees. Functions of Coast Guard, and

Commandant of Coast Guard, excepted from transfer when Coast Guard

is operating as part of Navy under sections 1 and 3 of Title 14,

Coast Guard.

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government

Organization and Employees. Secretary of Health, Education, and

Welfare redesignated Secretary of Health and Human Services by

section 3508(b) of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 540 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 512 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE I - GENERAL PROVISIONS

-HEAD-

Sec. 512. Territorial application; jurisdiction of courts; form of

procedure

-STATUTE-

(1) The provisions of this Act [sections 501 to 593 of this

Appendix] shall apply to the United States, the several States and

Territories, the District of Columbia, and all territory subject to

the jurisdiction of the United States and to proceedings commenced

in any court therein, and shall be enforced through the usual forms

of procedure obtaining in such courts or under such regulations as

may be by them prescribed.

(2) When under this Act [sections 501 to 593 of this Appendix],

any application is required to be made to a court in which no

proceeding has already been commenced with respect to the matter,

such application may be made to any court.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. I, Sec. 102, 54 Stat. 1179; Pub. L.

102-12, Sec. 9(2), Mar. 18, 1991, 105 Stat. 39.)

-MISC1-

AMENDMENTS

1991 - Par. (1). Pub. L. 102-12 struck out provision including

the Philippine Islands while under sovereignty of the United States

within territories to which this Act applies.

-End-

-CITE-

50 USC APPENDIX Sec. 513 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE I - GENERAL PROVISIONS

-HEAD-

Sec. 513. Protection of persons secondarily liable

-STATUTE-

(1) Whenever pursuant to any of the provisions of this Act

[sections 501 to 593 of this Appendix] the enforcement of any

obligation or liability, the prosecution of any suit or proceeding,

the entry or enforcement of any order, writ, judgment, or decree,

or the performance of any other act, may be stayed, postponed, or

suspended, such stay, postponement, or suspension may, in the

discretion of the court, likewise be granted to sureties,

guarantors, endorsers, accommodation makers, and others, whether

primarily or secondarily subject to the obligation or liability,

the performance or enforcement of which is stayed, postponed, or

suspended.

(2) When a judgment or decree is vacated or set aside in whole or

in part, as provided in this Act [sections 501 to 593 of this

Appendix], the same may, in the discretion of the court, likewise

be set aside and vacated as to any surety, guarantor, endorser,

accommodation maker, or other person whether primarily or

secondarily liable upon the contract or liability for the

enforcement of which the judgment or decree was entered.

(3) Whenever, by reason of the military service of a principal

upon a criminal bail bond the sureties upon such bond are prevented

from enforcing the attendance of their principal and performing

their obligation the court shall not enforce the provisions of such

bond during the military service of the principal thereon and may

in accordance with principles of equity and justice either during

or after such service discharge such sureties and exonerate the

bail.

(4) Nothing contained in this Act [sections 501 to 593 of this

Appendix] shall prevent a waiver in writing of the benefits

afforded by subsections (1) and (2) of this section by any surety,

guarantor, endorser, accommodation maker, or other person whether

primarily or secondarily liable upon the obligation or liability,

except that no such waiver shall be valid unless it is executed as

an instrument separate from the obligation or liability in respect

of which it applies, and no such waiver shall be valid after the

beginning of the period of military service if executed by an

individual who subsequent to the execution of such waiver becomes a

person in military service, or if executed by a dependent of such

individual, unless executed by such individual or dependent during

the period specified in section 106 [section 516 of this Appendix].

-SOURCE-

(Oct. 17, 1940, ch. 888, art. I, Sec. 103, 54 Stat. 1179; Oct. 6,

1942, ch. 581, Secs. 2, 3, 56 Stat. 769; Pub. L. 102-12, Sec. 9(3),

Mar. 18, 1991, 105 Stat. 39.)

-MISC1-

AMENDMENTS

1991 - Par. (4). Pub. L. 102-12, which directed that "after the

date of the enactment of the Soldiers' and Sailors' Civil Relief

Act Amendments of 1942" be struck out, was executed by striking out

"after the date of enactment of the Soldiers' and Sailors' Civil

Relief Act Amendments of 1942" before "no such waiver" to reflect

the probable intent of Congress.

1942 - Subsec. (1). Act Oct. 6, 1942, Sec. 2(a), substituted

"accommodation makers, and others, whether primarily or

secondarily" for "and others".

Subsec. (2). Act Oct. 6, 1942, Sec. 2(b), substituted

"accommodation maker, or other person whether primarily or

secondarily" for "or other person".

Subsecs. (3), (4). Act Oct. 6, 1942, Sec. 3, added subsecs. (3)

and (4).

-End-

-CITE-

50 USC APPENDIX Sec. 514 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE I - GENERAL PROVISIONS

-HEAD-

Sec. 514. Extension of benefits to citizens serving with forces of

war allies

-STATUTE-

Persons who serve with the forces of any nation with which the

United States may be allied in the prosecution of any war in which

the United States engages while this Act [sections 501 to 593 of

this Appendix] remains in force and who immediately prior to such

service were citizens of the United States shall, except in those

cases provided for in section 512 [section 572 of this Appendix],

be entitled to the relief and benefits afforded by this Act [said

sections] if such service is similar to military service as defined

in this Act [said sections], unless they are dishonorably

discharged therefrom, or it appears that they do not intend to

resume United States citizenship.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. I, Sec. 104, as added Oct. 6, 1942,

ch. 581, Sec. 4, 56 Stat. 770.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 515 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE I - GENERAL PROVISIONS

-HEAD-

Sec. 515. Notice of benefits to persons in and persons entering

military service

-STATUTE-

The Secretary of Defense and the Secretary of Transportation,

with respect to the Coast Guard when it is not operating as a

service in the Navy, shall ensure the giving of notice of the

benefits accorded by this Act [sections 501 to 593 of this

Appendix] to persons in and to persons entering military service.

The Director of Selective Service shall cooperate with the

Secretary of Defense and the Secretary of Transportation in

carrying out the provisions of this section.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. I, Sec. 105, as added Oct. 6, 1942,

ch. 581, Sec. 4, 56 Stat. 770; amended Pub. L. 102-12, Sec. 9(4),

Mar. 18, 1991, 105 Stat. 39.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-12 substituted "The Secretary of Defense and

the Secretary of Transportation, with respect to the Coast Guard

when it is not operating as a service in the Navy, shall ensure"

for "The Secretary of War and the Secretary of the Navy shall make

provision, in such manner as each may deem appropriate for his

respective Department, to insure" in first sentence and "the

Secretary of Defense and the Secretary of Transportation" for "the

Secretary of War and the Secretary of the Navy" in second sentence.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 516 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE I - GENERAL PROVISIONS

-HEAD-

Sec. 516. Extension of benefits to persons ordered to report for

induction or military service

-STATUTE-

Any person who has been ordered to report for induction under the

Military Selective Service Act (50 U.S.C. App. 451 et seq.) shall

be entitled to the relief and benefits accorded persons in military

service under articles I, II, and III of this Act [sections 510 to

518, 520 to 527, and 530 to 536 of this Appendix] during the period

beginning on the date of receipt of such order and ending on the

date upon which such person reports for induction; and any member

of a reserve component of the Armed Forces who is ordered to report

for military service shall be entitled to such relief and benefits

during the period beginning on the date of receipt of such order

and ending on the date upon which such member reports for military

service or the date on which the order is revoked, whichever is

earlier.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. I, Sec. 106, as added Oct. 6, 1942,

ch. 581, Sec. 4, 56 Stat. 770; amended Pub. L. 102-12, Sec. 9(5),

Mar. 18, 1991, 105 Stat. 39.)

-REFTEXT-

REFERENCES IN TEXT

The Military Selective Service Act, referred to in text, is act

June 24, 1948, ch. 625, 62 Stat. 604, as amended, which is

classified principally to section 451 et seq. of this Appendix. For

complete classification of this Act to the Code, see note set out

under section 451 of this Appendix and Tables.

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-12 substituted "Military Selective Service Act

(50 U.S.C. App. 451 et seq.)" for "Selective Training and Service

Act of 1940, as amended,", "a reserve component of the Armed

Forces" for "the Enlisted Reserve Corps", and "such member reports

for military service or the date on which the order is revoked,

whichever is earlier" for "he reports for such service".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 513, 517 of this

Appendix; title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 517 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE I - GENERAL PROVISIONS

-HEAD-

Sec. 517. Effect on rights, remedies, etc., pursuant to written

agreements entered after commencement of military service

-STATUTE-

Nothing contained in this Act [sections 501 to 593 of this

Appendix] shall prevent -

(a) the modification, termination, or cancellation of any

contract, lease, or bailment or any obligation secured by

mortgage, trust deed, lien, or other security in the nature of a

mortgage, or

(b) the repossession, retention, foreclosure, sale, forfeiture,

or taking possession of property which is security for any

obligation or which has been purchased or received under a

contract, lease, or bailment,

pursuant to a written agreement of the parties thereto (including

the person in military service concerned, or the person to whom

section 106 [section 516 of this Appendix] is applicable, whether

or not such person is a party to the obligation), or their

assignees, executed during or after the period of military service

of the person concerned or during the period specified in section

106 [section 516 of this Appendix].

-SOURCE-

(Oct. 17, 1940, ch. 888, art. I, Sec. 107, as added Oct. 6, 1942,

ch. 581, Sec. 4, 56 Stat. 770.)

-SECREF-

SECTIONS REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 531, 532 of this

Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 518 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE I - GENERAL PROVISIONS

-HEAD-

Sec. 518. Exercise of rights under Act not to affect certain future

financial transactions

-STATUTE-

Application by a person in military service for, or receipt by a

person in military service of, a stay, postponement, or suspension

pursuant to the provisions of this Act [sections 501 to 593 of this

Appendix] in the payment of any tax, fine, penalty, insurance

premium, or other civil obligation or liability of that person

shall not itself (without regard to other considerations) provide

the basis for any of the following:

(1) A determination by any lender or other person that such

person in military service is unable to pay such civil obligation

or liability in accordance with its terms.

(2) With respect to a credit transaction between a creditor and

such person in military service -

(A) a denial or revocation of credit by the creditor;

(B) a change by the creditor in the terms of an existing

credit arrangement; or

(C) a refusal by the creditor to grant credit to such person

in substantially the amount or on substantially the terms

requested.

(3) An adverse report relating to the creditworthiness of such

person in military service by or to any person or entity engaged

in the practice of assembling or evaluating consumer credit

information.

(4) A refusal by an insurer to insure such person.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. I, Sec. 108, as added Pub. L. 102-12,

Sec. 7, Mar. 18, 1991, 105 Stat. 38.)

-End-

-CITE-

50 USC APPENDIX ARTICLE II - GENERAL RELIEF 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE II - GENERAL RELIEF

-HEAD-

ARTICLE II - GENERAL RELIEF

-SECREF-

ARTICLE REFERRED TO IN OTHER SECTIONS

This article is referred to in section 516 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 520 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE II - GENERAL RELIEF

-HEAD-

Sec. 520. Default judgments; affidavits; bonds; attorneys for

persons in service

-STATUTE-

(1) In any action or proceeding commenced in any court, if there

shall be a default of any appearance by the defendant, the

plaintiff, before entering judgment shall file in the court an

affidavit setting forth facts showing that the defendant is not in

military service. If unable to file such affidavit plaintiff shall

in lieu thereof file an affidavit setting forth either that the

defendant is in the military service or that plaintiff is not able

to determine whether or not defendant is in such service. If an

affidavit is not filed showing that the defendant is not in the

military service, no judgment shall be entered without first

securing an order of court directing such entry, and no such order

shall be made if the defendant is in such service until after the

court shall have appointed an attorney to represent defendant and

protect his interest, and the court shall on application make such

appointment. Unless it appears that the defendant is not in such

service the court may require, as a condition before judgment is

entered, that the plaintiff file a bond approved by the court

conditioned to indemnify the defendant, if in military service,

against any loss or damage that he may suffer by reason of any

judgment should the judgment be thereafter set aside in whole or in

part. And the court may make such other and further order or enter

such judgment as in its opinion may be necessary to protect the

rights of the defendant under this Act [sections 501 to 593 of this

Appendix]. Whenever, under the laws applicable with respect to any

court, facts may be evidenced, established, or proved by an unsworn

statement, declaration, verification, or certificate, in writing,

subscribed and certified or declared to be true under penalty of

perjury, the filing of such an unsworn statement, declaration,

verification, or certificate shall satisfy the requirement of this

subsection that facts be established by affidavit.

(2) Any person who shall make or use an affidavit required under

this section, or a statement, declaration, verification, or

certificate certified or declared to be true under penalty of

perjury permitted under subsection (1), knowing it to be false,

shall be guilty of a misdemeanor and shall be punishable by

imprisonment not to exceed one year or by fine not to exceed

$1,000, or both.

(3) In any action or proceeding in which a person in military

service is a party if such party does not personally appear therein

or is not represented by an authorized attorney, the court may

appoint an attorney to represent him; and in such case a like bond

may be required and an order made to protect the rights of such

person. But no attorney appointed under this Act [sections 501 to

593 of this Appendix], to protect a person in military service

shall have power to waive any right of the person for whom he is

appointed or bind him by his acts.

(4) If any judgment shall be rendered in any action or proceeding

governed by this section against any person in military service

during the period of such service or within thirty days thereafter,

and it appears that such person was prejudiced by reason of his

military service in making his defense thereto, such judgment may,

upon application, made by such person or his legal representative,

not later than ninety days after the termination of such service,

be opened by the court rendering the same and such defendant or his

legal representative let in to defend; provided it is made to

appear that the defendant has a meritorious or legal defense to the

action or some part thereof. Vacating, setting aside, or reversing

any judgment because of any of the provisions of this Act [said

sections], shall not impair any right or title acquired by any bona

fide purchaser for value under such judgment.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. II, Sec. 200, 54 Stat. 1180; Pub. L.

86-721, Secs. 1, 2, Sept. 8, 1960, 74 Stat. 820.)

-MISC1-

AMENDMENTS

1960 - Subsec. (1). Pub. L. 86-721, Sec. 1, permitted

establishment of certain facts by a declaration under penalty of

perjury in lieu of an affidavit.

Subsec. (2). Pub. L. 86-721, Sec. 2, inserted "or a statement,

declaration, verification, or certificate certified or declared to

be true under penalty of perjury permitted under subsection (1),"

after "affidavit required under this section,".

-End-

-CITE-

50 USC APPENDIX Sec. 521 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE II - GENERAL RELIEF

-HEAD-

Sec. 521. Stay of proceedings where military service affects

conduct thereof

-STATUTE-

At any stage thereof any action or proceeding in any court in

which a person in military service is involved, either as plaintiff

or defendant, during the period of such service or within sixty

days thereafter may, in the discretion of the court in which it is

pending, on its own motion, and shall, on application to it by such

person or some person on his behalf, be stayed as provided in this

Act [sections 501 to 593 of this Appendix] unless, in the opinion

of the court, the ability of plaintiff to prosecute the action or

the defendant to conduct his defense is not materially affected by

reason of his military service.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. II, Sec. 201, 54 Stat. 1181.)

-MISC1-

STAY OF JUDICIAL PROCEEDINGS

Pub. L. 102-12, Sec. 6, Mar. 18, 1991, 105 Stat. 37, provided

that:

"(a) Stay of Action or Proceeding. - In any judicial action or

proceeding (other than a criminal proceeding) in which a member of

the Armed Forces described in subsection (b) is involved (either as

plaintiff or defendant), the court shall, upon application by such

member (or some other person on the member's behalf) at any stage

before final judgment is entered, stay the action or proceeding

until a date after June 30, 1991.

"(b) Members Covered. - A member of the Armed Forces is covered

by subsection (a) if at the time of application for the stay of a

judicial action or proceeding the member -

"(1) is on active duty; and

"(2) is serving outside the State in which the court having

jurisdiction over the action or proceeding is located.

"(c) Definition. - For purposes of this section, the term 'State'

includes the District of Columbia, the Commonwealth of Puerto Rico,

the Virgin Islands, and Guam."

-End-

-CITE-

50 USC APPENDIX Sec. 522 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE II - GENERAL RELIEF

-HEAD-

Sec. 522. Fines and penalties on contracts, etc.

-STATUTE-

When an action for compliance with the terms of any contract is

stayed pursuant to this Act [sections 501 to 593 of this Appendix]

no fine or penalty shall accrue by reason of failure to comply with

the terms of such contract during the period of such stay, and in

any case where a person fails to perform any obligation and a fine

or penalty for such nonperformance is incurred a court may, on such

terms as may be just, relieve against the enforcement of such fine

or penalty if it shall appear that the person who would suffer by

such fine or penalty was in the military service when the penalty

was incurred and that by reason of such service the ability of such

person to pay or perform was thereby materially impaired.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. II, Sec. 202, 54 Stat. 1181.)

-End-

-CITE-

50 USC APPENDIX Sec. 523 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE II - GENERAL RELIEF

-HEAD-

Sec. 523. Stay or vacation of execution of judgments, attachments,

etc.

-STATUTE-

In any action or proceeding commenced in any court against a

person in military service, before or during the period of such

service, or within sixty days thereafter, the court may, in its

discretion, on its own motion, or on application to it by such

person or some person on his behalf shall, unless in the opinion of

the court the ability of the defendant to comply with the judgment

or order entered or sought is not materially affected by reason of

his military service -

(a) Stay the execution of any judgment or order entered against

such person, as provided in this Act [sections 501 to 593 of this

Appendix]; and

(b) Vacate or stay any attachment or garnishment of property,

money, or debts in the hands of another, whether before or after

judgment as provided in this Act [said sections].

-SOURCE-

(Oct. 17, 1940, ch. 888, art. II, Sec. 203, 54 Stat. 1181.)

-End-

-CITE-

50 USC APPENDIX Sec. 524 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE II - GENERAL RELIEF

-HEAD-

Sec. 524. Duration and term of stays; codefendants not in service

-STATUTE-

Any stay of any action, proceeding, attachment, or execution,

ordered by any court under the provisions of this Act [sections 501

to 593 of this Appendix] may, except as otherwise provided, be

ordered for the period of military service and three months

thereafter or any part of such period, and subject to such terms as

may be just, whether as to payment in installments of such amounts

and at such times as the court may fix or otherwise. Where the

person in military service is a codefendant with others the

plaintiff may nevertheless by leave of court proceed against the

others.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. II, Sec. 204, 54 Stat. 1181.)

-End-

-CITE-

50 USC APPENDIX Sec. 525 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE II - GENERAL RELIEF

-HEAD-

Sec. 525. Statutes of limitations as affected by period of service

-STATUTE-

The period of military service shall not be included in computing

any period now or hereafter to be limited by any law, regulation,

or order for the bringing of any action or proceeding in any court,

board, bureau, commission, department, or other agency of

government by or against any person in military service or by or

against his heirs, executors, administrators, or assigns, whether

such cause of action or the right or privilege to institute such

action or proceeding shall have accrued prior to or during the

period of such service, nor shall any part of such period which

occurs after October 6, 1942 be included in computing any period

now or hereafter provided by any law for the redemption of real

property sold or forfeited to enforce any obligation, tax, or

assessment.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. II, Sec. 205, 54 Stat. 1181; Oct. 6,

1942, ch. 581, Sec. 5, 56 Stat. 770; Pub. L. 102-12, Sec. 9(6),

Mar. 18, 1991, 105 Stat. 39.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-12 substituted "October 6, 1942" for "the date

of enactment of the Soldiers' and Sailors' Civil Relief Act

Amendments of 1942".

1942 - Act Oct. 6, 1942, included proceedings before boards,

bureaus, commissions, departments, or other agencies of government,

and inserted provision for omission of service period in computing

period for redemption of real property.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 527 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 526 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE II - GENERAL RELIEF

-HEAD-

Sec. 526. Maximum rate of interest

-STATUTE-

No obligation or liability bearing interest at a rate in excess

of 6 percent per year incurred by a person in military service

before that person's entry into that service shall, during any part

of the period of military service, bear interest at a rate in

excess of 6 percent per year unless, in the opinion of the court,

upon application thereto by the obligee, the ability of such person

in military service to pay interest upon such obligation or

liability at a rate in excess of 6 percent per year is not

materially affected by reason of such service, in which case the

court may make such order as in its opinion may be just. As used in

this section the term "interest" includes service charges, renewal

charges, fees, or any other charges (except bona fide insurance) in

respect of such obligation or liability.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. II, Sec. 206, as added Oct. 6, 1942,

ch. 581, Sec. 6, 56 Stat. 771; amended Pub. L. 102-12, Sec. 9(7),

Mar. 18, 1991, 105 Stat. 39.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-12 substituted "percent per year" for "per

centum per annum" wherever appearing and "before that person's

entry into that service shall, during any part of the period of

military service, bear interest" for "prior to his entry into such

service shall, during any part of the period of military service

which occurs after the date of enactment of the Soldiers' and

Sailors' Civil Relief Act Amendments of 1942, bear interest".

-End-

-CITE-

50 USC APPENDIX Sec. 527 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE II - GENERAL RELIEF

-HEAD-

Sec. 527. Limitations prescribed by internal revenue laws as

affected by period of service

-STATUTE-

Section 205 of this Act [section 525 of this Appendix] shall not

apply with respect to any period of limitation prescribed by or

under the internal revenue laws of the United States.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. II, Sec. 207, as added Oct. 21, 1942,

ch. 619, title V, Sec. 507(b)(2)(B), 56 Stat. 964.)

-REFTEXT-

REFERENCES IN TEXT

The internal revenue laws of the United States, referred to in

text, are classified generally to Title 26, Internal Revenue Code.

-End-

-CITE-

50 USC APPENDIX ARTICLE III - RENT, INSTALLMENT

CONTRACTS, MORTGAGES, LIENS,

ASSIGNMENTS, LEASES 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,

ASSIGNMENTS, LEASES

-HEAD-

ARTICLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,

ASSIGNMENTS, LEASES

-MISC1-

AMENDMENTS

1942 - Article heading was amended by act Oct. 6, 1942, ch. 581,

Sec. 7, 56 Stat. 771. Article was formerly entitled "Rent,

Installment Contracts, Mortgages".

-SECREF-

ARTICLE REFERRED TO IN OTHER SECTIONS

This article is referred to in sections 516, 536 of this

Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 530 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,

ASSIGNMENTS, LEASES

-HEAD-

Sec. 530. Eviction or distress during military service; stay;

penalty for noncompliance; allotment of pay for payment

-STATUTE-

(a) No eviction or distress shall be made during the period of

military service in respect of any premises for which the agreed

rent does not exceed $1,200 per month, occupied chiefly for

dwelling purposes by the wife, children, or other dependents of a

person in military service, except upon leave of court granted upon

application therefor or granted in an action or proceeding

affecting the right of possession.

(b) On any such application or in any such action the court may,

in its discretion, on its own motion, and shall, on application,

unless in the opinion of the court the ability of the tenant to pay

the agreed rent is not materially affected by reason of such

military service, stay the proceedings for not longer than three

months, as provided in this Act [sections 501 to 593 of this

Appendix], or it may make such other order as may be just. Where

such stay is granted or other order is made by the court, the owner

of the premises shall be entitled, upon application therefor, to

relief in respect of such premises similar to that granted persons

in military service in sections 301, 302, and 500 of this Act

[sections 531, 532, and 560 of this Appendix] to such extent and

for such period as may appear to the court to be just.

(c) Any person who shall knowingly take part in any eviction or

distress otherwise than as provided in subsection (a), or attempts

so to do, shall be fined as provided in title 18, United States

Code, or imprisoned for not to exceed one year, or both.

(d) The Secretary of Defense or Secretary of Transportation, with

respect to the Coast Guard when it is not operating as a service in

the Navy, is empowered, subject to such regulations as he may

prescribe, to order an allotment of the pay of a person in military

service in reasonable proportion to discharge the rent of premises

occupied for dwelling purposes by the wife, children, or other

dependents of such person.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. III, Sec. 300, 54 Stat. 1181; Oct. 6,

1942, ch. 581, Sec. 8, 56 Stat. 771; Pub. L. 89-358, Sec. 10, Mar.

3, 1966, 80 Stat. 28; Pub. L. 102-12, Secs. 2(a), (b), 9(8), Mar.

18, 1991, 105 Stat. 34, 39.)

-MISC1-

AMENDMENTS

1991 - Subsec. (a). Pub. L. 102-12, Sec. 2(a), (b)(1),

redesignated par. (1) as subsec. (a) and substituted "$1,200" for

"$150".

Subsec. (b). Pub. L. 102-12, Sec. 2(b)(1), redesignated par. (2)

as subsec. (b).

Subsec. (c). Pub. L. 102-12, Secs. 2, 9(8)(A), redesignated par.

(3) as subsec. (c) and substituted "subsection (a)" for "subsection

(1) hereof" and "shall be fined as provided in title 18, United

States Code, or imprisoned for not to exceed one year," for "shall

be guilty of a misdemeanor, and shall be punishable by imprisonment

not to exceed one year or by fine not to exceed $1,000,".

Subsec. (d). Pub. L. 102-12, Secs. 2(b)(1), 9(8)(B), redesignated

par. (4) as subsec. (d) and substituted "Secretary of Defense or

Secretary of Transportation, with respect to the Coast Guard when

it is not operating as a service in the Navy," for "Secretary of

War, the Secretary of the Navy, or the Secretary of the Treasury

with respect to the Coast Guard, as the case may be,".

1966 - Subsec. (1). Pub. L. 89-358 increased the limitation of

rents from $80 to $150 per month.

1942 - Subsec. (2). Act Oct. 6, 1942, Sec. 8(a), inserted last

sentence.

Subsec. (3). Act Oct. 6, 1942, Sec. 8(b), inserted "or attempts

so to do,".

EFFECTIVE DATE OF 1991 AMENDMENT

Section 2(c) of Pub. L. 102-12 provided that: "The amendment made

by subsection (a) [amending this section] applies to actions for

eviction or distress that are commenced after July 31, 1990."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-End-

-CITE-

50 USC APPENDIX Sec. 531 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,

ASSIGNMENTS, LEASES

-HEAD-

Sec. 531. Installment contracts for purchase of property

-STATUTE-

(1) No person who has received, or whose assignor has received,

under a contract for the purchase of real or personal property, or

of lease or bailment with a view to purchase of such property, a

deposit or installment of the purchase price, or a deposit or

installment under the contract, lease, or bailment, from a person

or from the assignor of a person who, after the date of payment of

such deposit or installment, has entered military service, shall

exercise any right or option under such contract to rescind or

terminate the contract or resume possession of the property for

nonpayment of any installment thereunder due or for any other

breach of the terms thereof occurring prior to or during the period

of such military service, except by action in a court of competent

jurisdiction.

(2) Any person who shall knowingly resume possession of property

which is the subject of this section otherwise than as provided in

subsection (1) of this section or in section 107 [section 517 of

this Appendix], or attempts so to do, shall be fined as provided in

title 18, United States Code, or imprisoned for not to exceed one

year, or both.

(3) Upon the hearing of such action the court may order the

repayment of prior installments or deposits or any part thereof, as

a condition of terminating the contract and resuming possession of

the property, or may, in its discretion, on its own motion, and

shall, on application to it by such person in military service or

some person on his behalf, order a stay of proceedings as provided

in this Act [sections 501 to 593 of this Appendix] unless, in the

opinion of the court, the ability of the defendant to comply with

the terms of the contract is not materially affected by reason of

such service; or it may make such other disposition of the case as

may be equitable to conserve the interests of all parties.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. III, Sec. 301, 54 Stat. 1182; Oct. 6,

1942, ch. 581, Sec. 9(a), (c), (d), 56 Stat. 771; Pub. L. 102-12,

Sec. 9(9), Mar. 18, 1991, 105 Stat. 40.)

-MISC1-

AMENDMENTS

1991 - Par. (2). Pub. L. 102-12 substituted "shall be fined as

provided in title 18, United States Code, or imprisoned for not to

exceed one year," for "shall be guilty of a misdemeanor and shall

be punished by imprisonment not to exceed one year or by fine not

to exceed $1,000,".

1942 - Subsec. (1). Act Oct. 6, 1942, Sec. 9(a), in amending

subsec. (1) generally, omitted provision limiting applicability to

transactions prior to Oct. 10, 1940, and proviso relating to

modification, termination, or cancellation of contracts and

repossession or retention of property by mutual written agreement

of the parties, inserted provision relating to deposit or

installment under contract, lease, or bailment, and included other

breaches of terms in addition to nonpayment of installments.

Subsec. (2). Act Oct. 6, 1942, Sec. 9(d), substituted "of this

section or in section 107, or attempts so to do," for "hereof".

Subsec. (3). Act Oct. 6, 1942, Sec. 9(c), struck out "except as

provided in section 303," before "on application".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 530 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 532 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,

ASSIGNMENTS, LEASES

-HEAD-

Sec. 532. Mortgages, trust deeds, etc.

-STATUTE-

(1) The provisions of this section shall apply only to

obligations secured by mortgage, trust deed, or other security in

the nature of a mortgage upon real or personal property owned by a

person in military service at the commencement of the period of the

military service and still so owned by him which obligations

originated prior to such person's period of military service.

(2) In any proceeding commenced in any court during the period of

military service to enforce such obligation arising out of

nonpayment of any sum thereunder due or out of any other breach of

the terms thereof occurring prior to or during the period of such

service the court may, after hearing, in its discretion, on its own

motion, and shall, on application to it by such person in military

service or some person on his behalf, unless in the opinion of the

court the ability of the defendant to comply with the terms of the

obligation is not materially affected by reason of his military

service -

(a) stay the proceedings as provided in this Act [sections 501

to 593 of this Appendix]; or

(b) make such other disposition of the case as may be equitable

to conserve the interests of all parties.

(3) No sale, foreclosure, or seizure of property for nonpayment

of any sum due under any such obligation, or for any other breach

of the terms thereof, whether under a power of sale, under a

judgment entered upon warrant of attorney to confess judgment

contained therein, or otherwise, shall be valid if made during the

period of military service or within three months thereafter,

except pursuant to an agreement as provided in section 107 [section

517 of this Appendix], unless upon an order previously granted by

the court and a return thereto made and approved by the court.

(4) Any person who shall knowingly make or cause to be made any

sale, foreclosure, or seizure of property, defined as invalid by

subsection (3) hereof, or attempts so to do, shall be fined as

provided in title 18, United States Code, or imprisoned for not to

exceed one year, or both.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. III, Sec. 302, 54 Stat. 1182; Oct. 6,

1942, ch. 581, Secs. 9(b), (c), 10, 56 Stat. 771, 772; June 23,

1952, ch. 450, 66 Stat. 151; Pub. L. 102-12, Sec. 9(9), (10), Mar.

18, 1991, 105 Stat. 40.)

-MISC1-

AMENDMENTS

1991 - Par. (3). Pub. L. 102-12, Sec. 9(10), struck out "after

the date of enactment of the Soldiers' and Sailors' Civil Relief

Act Amendments of 1942 and" after "shall be valid if made".

Par. (4). Pub. L. 102-12, Sec. 9(9), substituted "shall be fined

as provided in title 18, United States Code, or imprisoned for not

to exceed one year," for "shall be guilty of a misdemeanor and

shall be punished by imprisonment not to exceed one year or by fine

not to exceed $1,000,".

1952 - Subsec. (4). Act June 23, 1952, prohibited the making of

sales, foreclosures, or seizures defined as invalid by subsec. (3)

of this section.

1942 - Subsec. (1). Act Oct. 6, 1942, Sec. 9(b), struck out

"originating prior to the date of approval of this Act and" after

"obligations" and inserted matter at end of subsection following

"him".

Subsec. (2). Act Oct. 6, 1942, Sec. 9(c), struck out "except as

provided in section 303," before "on application".

Subsecs. (3), (4). Act Oct. 6, 1942, Sec. 10, amended subsec. (3)

generally and added subsec. (4).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 530, 535 of this

Appendix; title 12 sections 1739, 1750c.

-End-

-CITE-

50 USC APPENDIX Sec. 533 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,

ASSIGNMENTS, LEASES

-HEAD-

Sec. 533. Settlement of cases involving stayed proceedings to

foreclose mortgage on, resume possession of, or terminate

contract for purchase of, personal property

-STATUTE-

Where a proceeding to foreclose a mortgage upon or to resume

possession of personal property, or to rescind or terminate a

contract for the purchase thereof, has been stayed as provided in

this Act [sections 501 to 593 of this Appendix], the court may,

unless in its opinion an undue hardship would result to the

dependents of the person in military service, appoint three

disinterested parties to appraise the property and, based upon the

report of the appraisers, order such sum, if any, as may be just,

paid to the person in military service or his dependent, as the

case may be, as a condition of foreclosing the mortgage, resuming

possession of the property, or rescinding or terminating the

contract.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. III, Sec. 303, as added Oct. 6, 1942,

ch. 581, Sec. 12, 56 Stat. 772.)

-MISC1-

PRIOR PROVISIONS

A prior section 533, act Oct. 17, 1940, ch. 888, art. III, Sec.

303, 54 Stat. 1183, related to stay of action to resume possession

of motor vehicle, tractor, or their accessories, encumbered by

purchase money mortgage, conditional sales contract, etc., prior to

repeal by act Oct. 6, 1942, ch. 581, Sec. 11, 56 Stat. 772.

-End-

-CITE-

50 USC APPENDIX Sec. 534 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,

ASSIGNMENTS, LEASES

-HEAD-

Sec. 534. Termination of leases by lessees

-STATUTE-

(1) The provisions of this section shall apply to any lease

covering premises occupied for dwelling, professional, business,

agricultural, or similar purposes in any case in which (a) such

lease was executed by or on the behalf of a person who, after the

execution of such lease, entered military service, and (b) the

premises so leased have been occupied for such purposes, or for a

combination of such purposes, by such person or by him and his

dependents.

(2) Any such lease may be terminated by notice in writing

delivered to the lessor (or his grantee) or to the lessor's (or his

grantee's) agent by the lessee at any time following the date of

the beginning of his period of military service. Delivery of such

notice may be accomplished by placing it in an envelope properly

stamped and duly addressed to the lessor (or his grantee) or to the

lessor's (or his grantee's) agent and depositing the notice in the

United States mails. Termination of any such lease providing for

monthly payment of rent shall not be effective until thirty days

after the first date on which the next rental payment is due and

payable subsequent to the date when such notice is delivered or

mailed. In the case of all other leases, termination shall be

effected on the last day of the month following the month in which

such notice is delivered or mailed and in such case any unpaid

rental for a period preceding termination shall be proratably

computed and any rental paid in advance for a period succeeding

termination shall be refunded by the lessor (or his assignee). Upon

application by the lessor to the appropriate court prior to the

termination period provided for in the notice, any relief granted

in this subsection shall be subject to such modifications or

restrictions as in the opinion of the court justice and equity may

in the circumstances require.

(3) Any person who shall knowingly seize, hold, or detain the

personal effects, clothing, furniture, or other property of any

person who has lawfully terminated a lease covered by this section,

or in any manner interfere with the removal of such property from

the premises covered by such lease, for the purpose of subjecting

or attempting to subject any of such property to a claim for rent

accruing subsequent to the date of termination of such lease, or

attempts so to do, shall be fined as provided in title 18, United

States Code, or imprisoned for not to exceed one year, or both.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. III, Sec. 304, as added Oct. 6, 1942,

ch. 581, Sec. 12, 56 Stat. 772; amended Pub. L. 102-12, Sec. 9(9),

Mar. 18, 1991, 105 Stat. 40.)

-MISC1-

AMENDMENTS

1991 - Par. (3). Pub. L. 102-12 substituted "shall be fined as

provided in title 18, United States Code, or imprisoned for not to

exceed one year," for "shall be guilty of a misdemeanor and shall

be punished by imprisonment not to exceed one year or by fine not

to exceed $1,000,".

-End-

-CITE-

50 USC APPENDIX Sec. 535 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,

ASSIGNMENTS, LEASES

-HEAD-

Sec. 535. Protection of assignor of life insurance policy;

enforcement of storage liens; penalties

-STATUTE-

(1) Where any life insurance policy on the life of a person in

military service has been assigned prior to such person's period of

military service to secure the payment of any obligation of such

person, no assignee of such policy (except the insurer in

connection with a policy loan) shall, during the period of military

service of the insured or within one year thereafter, except upon

the consent in writing of the insured made during such period or

when the premiums thereon are due and unpaid or upon the death of

the insured, exercise any right or option by virtue of such

assignment unless upon leave of court granted upon an application

made therefor by such assignee. The court may thereupon refuse to

grant such leave unless in the opinion of the court the ability of

the obligor to comply with the terms of the obligation is not

materially affected by reason of his military service. For the

purpose of this subsection premiums which are guaranteed under the

provisions of article IV of this Act [sections 540 to 548 of this

Appendix] shall not be deemed to be due and unpaid.

(2) No person shall exercise any right to foreclose or enforce

any lien for storage of household goods, furniture, or personal

effects of a person in military service during such person's period

of military service and for three months thereafter except upon an

order previously granted by a court upon application therefor and a

return thereto made and approved by the court. In such proceeding

the court may, after hearing, in its discretion, on its own motion,

and shall, on application to it by such person in military service

or some person on his behalf, unless in the opinion of the court

the ability of the defendant to pay the storage charges due is not

materially affected by reason of his military service -

(a) stay the proceedings as provided in this Act [sections 501

to 593 of this Appendix]; or

(b) make such other disposition of the case as may be equitable

to conserve the interest of all parties.

The enactment of the provisions of this subsection shall not be

construed in any way as affecting or as limiting the scope of

section 302 of this Act [section 532 of this Appendix].

(3) Any person who shall knowingly take any action contrary to

the provisions of this section, or attempts so to do, shall be

fined as provided in title 18, United States Code, or imprisoned

for not to exceed one year, or both.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. III, Sec. 305, as added Oct. 6, 1942,

ch. 581, Sec. 12, 56 Stat. 773; amended Pub. L. 102-12, Sec. 9(9),

Mar. 18, 1991, 105 Stat. 40.)

-MISC1-

AMENDMENTS

1991 - Par. (3). Pub. L. 102-12 substituted "shall be fined as

provided in title 18, United States Code, or imprisoned for not to

exceed one year," for "shall be guilty of a misdemeanor and shall

be punished by imprisonment not to exceed one year or by fine not

to exceed $1,000,".

-End-

-CITE-

50 USC APPENDIX Sec. 536 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,

ASSIGNMENTS, LEASES

-HEAD-

Sec. 536. Extension of benefits to dependents

-STATUTE-

Dependents of a person in military service shall be entitled to

the benefits accorded to persons in military service under the

provisions of this article [sections 530 to 536 of this Appendix]

upon application to a court therefor, unless in the opinion of the

court the ability of such dependents to comply with the terms of

the obligation, contract, lease, or bailment has not been

materially impaired by reason of the military service of the person

upon whom the applicants are dependent.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. III, Sec. 306, as added Oct. 6, 1942,

ch. 581, Sec. 12, 56 Stat. 773.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 sections 1739, 1750c.

-End-

-CITE-

50 USC APPENDIX ARTICLE IV - INSURANCE 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE IV - INSURANCE

-HEAD-

ARTICLE IV - INSURANCE

-SECREF-

ARTICLE REFERRED TO IN OTHER SECTIONS

This article is referred to in section 535 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 540 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE IV - INSURANCE

-HEAD-

Sec. 540. Definitions

-STATUTE-

As used in this article [sections 540 to 548 of this Appendix] -

(a) The term "policy" shall include any contract of life

insurance or policy on a life, endowment, or term plan, including

any benefit in the nature of life insurance arising out of

membership in any fraternal or beneficial association, which does

not provide for the payment of any sum less than the face value

thereof or for the payment of an additional amount as premiums if

the insured engages in the military service of the United States as

defined in section 101 of article I of this Act [section 511 of

this Appendix] or which does not contain any limitation or

restriction upon coverage relating to engagement in or pursuit of

certain types of activities which a person might be required to

engage in by virtue of his being in such military service, and (1)

which is in force on a premium-paying basis at the time of

application for benefits hereunder, and (2) which was made and a

premium paid thereon not less than 180 days before the date the

insured entered into the military service. The provisions of this

Act [sections 501 to 593 of this Appendix] shall not be applicable

to policies or contracts of life insurance issued under the War

Risk Insurance Act, as amended, the World War Veterans Act, as

amended, or the National Service Life Insurance Act of 1940, as

amended.

(b) The term "premium" shall include the amount specified in the

policy as the stipend to be paid by the insured at regular

intervals during the period therein stated.

(c) The term "insured" shall include any person in the military

service of the United States as defined in section 101, article I,

of this Act [section 511 of this Appendix], whose life is insured

under and who is the owner and holder of and has an interest in a

policy as above defined.

(d) The term "insurer" shall include any firm, corporation,

partnership, or association chartered or authorized to engage in

the insurance business and to issue a policy as above defined by

the laws of a State of the United States or the United States.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. IV, Sec. 400, 54 Stat. 1183; Oct. 6,

1942, ch. 581, Sec. 13, 56 Stat. 773; July 11, 1956, ch. 570, Sec.

1, 70 Stat. 528; Pub. L. 102-12, Sec. 9(11), Mar. 18, 1991, 105

Stat. 40.)

-REFTEXT-

REFERENCES IN TEXT

The War Risk Insurance Act, as amended, referred to in subsec.

(a), is act Oct. 6, 1917, ch. 105, 40 Stat. 398, as amended, which

enacted sections 502 and 575 of former Title 38, Pensions, Bonuses,

and Veterans' Relief, amended section 241 of former Title 34, Navy,

and sections 287 and 357 of former Title 38, and enacted provisions

set out as notes under section 211 of this Appendix, and which was

repealed by acts June 7, 1924, ch. 320, title VI, Secs. 600(5),

601(1), 43 Stat. 629, and June 17, 1957, Pub. L. 85-56, title XXII,

Sec. 2202(96), 71 Stat. 166. For complete classification of this

Act to the Code prior to its repeal, see Tables.

The World War Veterans' Act, as amended, referred to in subsec.

(a), probably means act June 7, 1924, ch. 320, 43 Stat. 607, known

as the World War Veterans' Act, 1924, which was classified

principally to chapter 10 (Secs. 421 to 574) of former Title 38,

Pensions, Bonuses, and Veterans' Relief, and which was repealed by

Pub. L. 85-857, Sec. 14(51), Sept. 2, 1958, 72 Stat. 1271. For

distribution of sections 421 to 574 of former Title 38 in Title 38,

Veterans' Benefits, see Table preceding section 101 of Title 38.

The National Service Life Insurance Act of 1940, as amended,

referred to in subsec. (a), is act Oct. 8, 1940, ch. 757, title VI,

pt. I, Secs. 601 to 623, 54 Stat. 1008, as amended, which was

classified generally to subchapter I (Secs. 801 to 824) of chapter

13 of former Title 38, Pensions, Bonuses, and Veterans' Relief, and

which was repealed by Pub. L. 85-857, Sec. 14(75), Sept. 2, 1958,

72 Stat. 1272, and the provisions thereof reenacted generally as

subchapter I (Sec. 701 [now 1901] et seq.) of chapter 19 of Title

38, Veterans' Benefits, by the first section of Pub. L. 85-857

which enacted Title 38. Section 5(a) of Pub. L. 85-857 provides

that references in other laws to any provision of law replaced by

Title 38 shall, where applicable, be deemed to refer also to the

corresponding provision of Title 38. For distribution of sections

801 and 824 of former Title 38, see Tables preceding section 101 of

Title 38.

-MISC1-

AMENDMENTS

1991 - Subsec. (a). Pub. L. 102-12 substituted "not less than 180

days before" for "before the date of enactment of the Soldiers' and

Sailors' Civil Relief Act Amendments of 1942 or not less than one

hundred and eighty days before".

1956 - Subsec. (a). Act July 11, 1956, substituted "one hundred

and eighty" for "thirty" before "days before the date the insured

entered into the military service".

1942 - Act Oct. 6, 1942, amended section generally, substituting

provisions defining "policy", "premium", "insured", and "insurer"

for provisions defining the same terms.

EFFECTIVE DATE OF 1956 AMENDMENT

Section 2 of act July 11, 1956, provided that: "The amendment

made by this Act [amending this section] shall take effect with

respect to applications for benefits made after the date of

enactment of this Act [July 11, 1956]".

VETERANS' LIFE INSURANCE REFUNDS

Pub. L. 85-586, Aug. 1, 1958, 72 Stat. 487, authorized

Administrator of Veterans' Affairs to make refunds, without

interest, which were due on account of amounts collected by United

States Government by offset or otherwise from persons who made

valid application for and were legally entitled to protection of

article IV of the Soldiers' and Sailors' Civil Relief Act of 1940

(sections 540 to 554 of this Appendix), as it existed prior to

amendments of Oct. 6, 1942, application to be made to Veterans'

Administration, within two years after Aug. 1, 1958, and authorized

appropriation of additional sums for such purposes.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 541 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE IV - INSURANCE

-HEAD-

Sec. 541. Persons entitled to benefits of article; applications;

amount of insurance protected

-STATUTE-

The benefits and privileges of this article [sections 540 to 548

of this Appendix] shall apply to any insured, when such insured, or

a person designated by him, or, in case the insured is outside the

continental United States (excluding Alaska and the Panama Canal

Zone), a beneficiary, shall make written application for protection

under this article [said sections], unless the Secretary of

Veterans Affairs in passing upon such application as provided in

this article [said sections] shall find that the policy is not

entitled to protection hereunder. The Secretary shall give notice

to the military and naval authorities of the provisions of this

article [said sections], and shall include in such notice an

explanation of such provisions for the information of those

desiring to make application for the benefits thereof. The original

of such application shall be sent by the insured to the insurer,

and a copy thereof to the Secretary. The total amount of insurance

on the life of one insured under policies protected by the

provisions of this article [said sections] shall not exceed

$10,000. If an insured makes application for protection of policies

on his life totaling insurance in excess of $10,000, the Secretary

is authorized to have the amount of insurance divided into two or

more policies so that the protection of this article [said

sections] may be extended to include policies for a total amount of

insurance not to exceed $10,000, and a policy which affords the

best security to the Government shall be given preference.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. IV, Sec. 401, 54 Stat. 1183; Oct. 6,

1942, ch. 581, Sec. 13, 56 Stat. 774; Pub. L. 102-12, Sec. 9(12),

Mar. 18, 1991, 105 Stat. 40.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-12 substituted "Secretary of Veterans Affairs"

for "Administrator of Veterans' Affairs", "Secretary" for

"Veterans' Administration" in two places, and "Secretary" for

"Administrator" in last sentence.

1942 - Act Oct. 6, 1942, amended section generally, substituting

provisions relating to persons entitled to benefits, applications,

and amount of insurance protected for provisions relating to

applications for benefits and forms.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 542 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE IV - INSURANCE

-HEAD-

Sec. 542. Form of application; reports to Secretary of Veterans

Affairs by insurer; policy deemed modified upon application for

protection

-STATUTE-

Any writing signed by the insured and identifying the policy and

the insurer, and agreeing that his rights under the policy are

subject to and modified by the provisions of this article [sections

540 to 548 of this Appendix], shall be sufficient as an application

for the benefits of this article [said sections], but the Secretary

of Veterans Affairs may require the insured and insurer to execute

such other forms as may be deemed advisable. Upon receipt of the

application of the insured the insurer shall furnish such report to

the Secretary concerning the policy as shall be prescribed by

regulations. The insured who has made application for protection

under this article [said sections] and the insurer shall be deemed

to have agreed to such modification of the policy as may be

required to give this article [said sections] full force and effect

with respect to such policy.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. IV, Sec. 402, 54 Stat. 1183; Oct. 6,

1942, ch. 581, Sec. 13, 56 Stat. 774; Pub. L. 102-12, Sec. 9(13),

Mar. 18, 1991, 105 Stat. 40.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-12 substituted "Secretary of Veterans Affairs"

for "Veterans' Administration" in first sentence and "Secretary"

for "Veterans' Administration" in second sentence.

1942 - Act Oct. 6, 1942, amended section generally, substituting

provisions relating to form of application, reports to Veterans'

Administration by insurer, and policy being deemed modified upon

application for protection for provisions relating to persons

entitled to benefits.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 543 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE IV - INSURANCE

-HEAD-

Sec. 543. Determination of policies entitled to protection; notice

to parties; lapse of policies for nonpayment of premiums, etc.

-STATUTE-

The Secretary of Veterans Affairs shall find whether the policy

is entitled to protection under this article [sections 540 to 548

of this Appendix] and shall notify the insured and the insurer of

such finding. Any policy found by the Secretary to be entitled to

protection under this article [said sections] shall not, subsequent

to date of application, and during the period of military service

of the insured or during two years after the expiration of such

service, lapse or otherwise terminate or be forfeited for the

nonpayment of a premium becoming due and payable, or the nonpayment

of any indebtedness or interest.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. IV, Sec. 403, 54 Stat. 1184; Oct. 6,

1942, ch. 581, Sec. 13, 56 Stat. 775; Pub. L. 102-12, Sec. 9(14),

Mar. 18, 1991, 105 Stat. 40.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-12 substituted "Secretary of Veterans Affairs"

for "Administrator of Veterans' Affairs" in first sentence and

"Secretary" for "Administrator of Veterans' Affairs" in second

sentence.

1942 - Act Oct. 6, 1942, amended section generally, substituting

provisions relating to determining entitlement to protection,

notice, and lapse of policies for nonpayment of premiums for

provisions relating to list of applicants for benefits and

rejection of improper applications.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 544 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE IV - INSURANCE

-HEAD-

Sec. 544. Rights and privileges of insured during period of

protection

-STATUTE-

No dividend or other monetary benefit under a policy shall be

paid to an insured or used to purchase dividend additions while a

policy is protected by the provisions of this article [sections 540

to 548 of this Appendix] except with the consent and approval of

the Secretary of Veterans Affairs. If such consent is not procured,

such dividends or benefits shall be added to the value of the

policy to be used as a credit when final settlement is made with

the insurer. No cash value, loan value, or withdrawal of dividend

accumulation, or unearned premium, or other value of similar

character shall be available to the insured while the policy is

protected under this article [said sections] except upon approval

by the Secretary of Veterans Affairs. The insured's right to change

a beneficiary designation or select an optional settlement for a

beneficiary shall not be affected by the provisions of this article

[said sections].

-SOURCE-

(Oct. 17, 1940, ch. 888, art. IV, Sec. 404, 54 Stat. 1184; Oct. 6,

1942, ch. 581, Sec. 13, 56 Stat. 775; Pub. L. 102-12, Sec. 9(15),

Mar. 18, 1991, 105 Stat. 40.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-12 substituted "Secretary of Veterans Affairs"

for "Veterans' Administration" in two places.

1942 - Act Oct. 6, 1942, amended section generally, substituting

provisions relating to rights and privileges of insured during

period of protection for provisions relating to applications on

policies exceeding $5,000.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 545 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE IV - INSURANCE

-HEAD-

Sec. 545. Deduction of unpaid premiums upon settlement of policies

maturing during protection

-STATUTE-

In the event of maturity of a policy as a death claim or

otherwise before the expiration of the period of protection under

the provisions of this article [sections 540 to 548 of this

Appendix], the insurer in making settlement will deduct from the

amount of insurance the premiums guaranteed under this article

[said sections], together with interest thereon at the rate fixed

in the policy for policy loans. If no rate of interest is

specifically fixed in the policy, the rate shall be the rate fixed

for policy loans in other policies issued by the insurer at the

time the policy brought under the Act [sections 501 to 593 of this

Appendix] was issued. The amount deducted by reason of the

protection afforded by this article [sections 540 to 548 of this

Appendix] shall be reported by the insurer to the Secretary of

Veterans Affairs.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. IV, Sec. 405, 54 Stat. 1184; Oct. 6,

1942, ch. 581, Sec. 13, 56 Stat. 775; Pub. L. 102-12, Sec. 9(16),

Mar. 18, 1991, 105 Stat. 40.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-12 substituted "Secretary of Veterans Affairs"

for "Administrator of Veterans' Affairs".

1942 - Act Oct. 6, 1942, amended section generally, substituting

provisions relating to deduction of unpaid premiums upon settlement

of policies maturing during protection for provisions relating to

lapse of policies for nonpayment of premiums.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 546 of this Appendix;

title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 546 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE IV - INSURANCE

-HEAD-

Sec. 546. Guaranty of premiums and interest by United States;

settlement of amounts due upon expiration of protection;

subrogation of United States; crediting debt repayments

-STATUTE-

Payment of premiums and interest thereon at the rate specified in

section 405 hereof [section 545 of this Appendix] becoming due on a

policy while protected under the provisions of this article

[sections 540 to 548 of this Appendix] is guaranteed by the United

States, and if the amount so guaranteed is not paid to the insurer

prior to the expiration of the period of insurance protection under

this article [said sections], the amount then due shall be treated

by the insurer as a policy loan on such policy, but if at the

expiration of said period the cash surrender value is less than the

amount then due, the policy shall then cease and terminate and the

United States shall pay the insurer the difference between such

amount and the cash surrender value. The amount paid by the United

States to an insurer on account of applications approved under the

provisions of this article, as amended [said sections], shall

become a debt due to the United States by the insured on whose

account payment was made and, notwithstanding any other Act, such

amount may be collected either by deduction from any amount due

said insured by the United States or as otherwise authorized by

law. Any moneys received as repayment of debts incurred under this

article, as originally enacted and as amended [said sections],

shall be credited to the appropriation for the payment of claims

under this article [said sections].

-SOURCE-

(Oct. 17, 1940, ch. 888, art. IV, Sec. 406, 54 Stat. 1184; Oct. 6,

1942, ch. 581, Sec. 13, 56 Stat. 775; Apr. 3, 1948, ch. 170, Sec.

6, 62 Stat. 160.)

-MISC1-

AMENDMENTS

1948 - Act Apr. 3, 1948, inserted last sentence.

1942 - Act Oct. 6, 1942, amended section generally, substituting

provisions relating to guaranty of premiums and interest by United

States, settlement of amounts due upon expiration of protection,

subrogation of United States, and crediting debt repayments for

provisions relating to reports by insurers to Veterans'

Administration.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 547 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE IV - INSURANCE

-HEAD-

Sec. 547. Regulations; finality of determinations

-STATUTE-

The Secretary of Veterans Affairs shall provide by regulations

for such rules of procedure and forms as he may deem advisable in

carrying out the provisions of this article [sections 540 to 548 of

this Appendix]. The findings of fact and conclusions of law made by

the Secretary in administering the provisions of this article [said

sections] shall be final, and shall not be subject to review by any

other official or agency of the Government.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. IV, Sec. 407, 54 Stat. 1185; Oct. 6,

1942, ch. 581, Sec. 13, 56 Stat. 775; Pub. L. 85-857, Sec. 14(76),

Sept. 2, 1958, 72 Stat. 1272; Pub. L. 102-12, Sec. 9(17), Mar. 18,

1991, 105 Stat. 40.)

-MISC1-

PRIOR PROVISIONS

Section 407 of act Oct. 17, 1940, as originally enacted, which,

by the provisions of section 408 of act Oct. 17, 1940, as amended

(section 548 of this Appendix), is continued in force as to

applications for protection executed prior to Oct. 6, 1942, read as

follows: "The Administrator of Veterans' Affairs shall verify the

computation of monthly difference reported by each insurer and

shall, within ten days thereafter, deliver each month to the proper

officer of such insurer, a certificate in the amount of the monthly

difference certified in respect of each insurer. Such certificate

shall be signed by said Administrator in the name of the United

States, shall be in such form as the Administrator shall determine,

shall be payable to the insurer within sixty days after the

approval of the statement of account, as provided in section 411

hereof [section 551 of this Appendix], and shall bear interest at a

rate to be prescribed by the Secretary of the Treasury, payable

with the principal. Such certificate shall not be transferred

except with the approval of said Administrator and shall remain

with the insurer until settlement is made in accordance with this

article."

AMENDMENTS

1991 - Pub. L. 102-12 substituted "The Secretary of Veterans

Affairs shall" for "The Administrator of Veterans' Affairs is

hereby authorized and directed to" in first sentence and

"Secretary" for "Administrator of Veterans' Affairs" in second

sentence.

1958 - Pub. L. 85-857 struck out provisions which required the

Administrator of Veterans' Affairs to report annually to the

Congress on the administration of sections 540 to 548 of this

Appendix. See section 529 of Title 38, Veterans' Benefits.

1942 - Act Oct. 6, 1942, amended section generally, substituting

provisions relating to regulations and finality of determinations

for provisions relating to certificate of difference between

premiums defaulted and paid and interest.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-857 effective Jan. 1, 1959, see section 2

of Pub. L. 85-857, set out as an Effective Date note preceding part

I of Title 38, Veterans' Benefits.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 548 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE IV - INSURANCE

-HEAD-

Sec. 548. Repealed. Pub. L. 102-12, Sec. 9(18), Mar. 18, 1991, 105

Stat. 40

-MISC1-

Section, acts Oct. 17, 1940, ch. 888, art. IV, Sec. 408, 54 Stat.

1185; Oct. 6, 1942, ch. 581, Sec. 13, 56 Stat. 776, related to law

governing applications for protection prior to Oct. 6, 1942.

-End-

-CITE-

50 USC APPENDIX Secs. 549 to 554 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE IV - INSURANCE

-HEAD-

Secs. 549 to 554. Omitted

-COD-

CODIFICATION

Sections 549 to 554 of this Appendix were omitted in the general

amendment of article IV by act Oct. 6, 1942, ch. 581, Sec. 13, 56

Stat. 773.

Section 549, act Oct. 17, 1940, ch. 888, art. IV, Sec. 409, 54

Stat. 1185, related to deduction of unpaid premiums from proceeds

of policies.

Section 550, act Oct. 17, 1940, ch. 888, art. IV, Sec. 410, 54

Stat. 1185, related to lapsing of policy for failure to pay past

due premiums upon termination of service.

Section 551, act Oct. 17, 1940, ch. 888, art. IV, Sec. 411, 54

Stat. 1185, related to accounts stated between insurers and United

States.

Section 552, act Oct. 17, 1940, ch. 888, art. IV, Sec. 412, 54

Stat. 1185, related to payment of balances due insurers by

Secretary of the Treasury.

Section 553, act Oct. 17, 1940, ch. 888, art. IV, Sec. 413, 54

Stat. 1186, related to policies excepted from application of

article.

Section 554, act Oct. 17, 1940, ch. 888, art. IV, Sec. 414, 54

Stat. 1186, related to insurers within application of article.

-End-

-CITE-

50 USC APPENDIX ARTICLE V - TAXES AND PUBLIC

LANDS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE V - TAXES AND PUBLIC LANDS

-HEAD-

ARTICLE V - TAXES AND PUBLIC LANDS

-End-

-CITE-

50 USC APPENDIX Sec. 560 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE V - TAXES AND PUBLIC LANDS

-HEAD-

Sec. 560. Taxes respecting personalty, money, credits, or realty;

sale of property to enforce collection; redemption of property

sold; penalty for nonpayment; notice of rights to beneficiaries

of section

-STATUTE-

(1) The provisions of this section shall apply when any taxes or

assessments, whether general or special (other than taxes on

income), whether falling due prior to or during the period of

military service, in respect of personal property, money, or

credits, or real property owned and occupied for dwelling,

professional, business, or agricultural purposes by a person in

military service or his dependents at the commencement of his

period of military service and still so occupied by his dependents

or employees are not paid.

(2) No sale of such property shall be made to enforce the

collection of such tax or assessment, or any proceeding or action

for such purpose commenced, except upon leave of court granted upon

application made therefor by the collector of taxes or other

officer whose duty it is to enforce the collection of taxes or

assessments. The court thereupon, unless in its opinion the ability

of the person in military service to pay such taxes or assessments

is not materially affected by reason of such service, may stay such

proceedings or such sale, as provided in this Act [sections 501 to

593 of this Appendix], for a period extending not more than six

months after the termination of the period of military service of

such person.

(3) When by law such property may be sold or forfeited to enforce

the collection of such tax or assessment, such person in military

service shall have the right to redeem or commence an action to

redeem such property, at any time not later than six months after

the termination of such service, but in no case later than six

months after the date when this Act [said sections] ceases to be in

force; but this shall not be taken to shorten any period, now or

hereafter provided by the laws of any State or Territory for such

redemption.

(4) Whenever any tax or assessment shall not be paid when due,

such tax or assessment due and unpaid shall bear interest until

paid at the rate of 6 per centum per annum, and no other penalty or

interest shall be incurred by reason of such nonpayment. Any lien

for such unpaid taxes or assessment shall also include such

interest thereon.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. V, Sec. 500, 54 Stat. 1186; Oct. 6,

1942, ch. 581, Sec. 14, 56 Stat. 776.)

-MISC1-

AMENDMENTS

1942 - Subsec. (1). Act Oct. 6, 1942, inserted parenthetical

clause excepting income taxes, included taxes and assessments

falling due prior to period of military service, and extended

benefits to cover personal property, money, or credits, and real

property owned and occupied for professional purposes.

Subsec. (2). Act Oct. 6, 1942, Sec. 14(a), amended subsec. (2)

generally.

Subsec. (5). Act Oct. 6, 1942, Sec. 14(b), repealed subsec. (5)

which required the Secretaries of War, Navy, and Treasury to give

notice of the benefits of this section to persons in the military

service.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 530 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 561 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE V - TAXES AND PUBLIC LANDS

-HEAD-

Sec. 561. Rights to public lands not forfeited; grazing lands

-STATUTE-

(1) No right to any lands owned or controlled by the United

States initiated or acquired under any laws of the United States,

including the mining and mineral leasing laws, by any person prior

to entering military service shall during the period of such

service be forfeited or prejudiced by reason of his absence from

the land or his failure to perform any work or make any

improvements thereon or his failure to do any other act required by

or under such laws.

(2) If a permittee or licensee under the Act of June 28, 1934 (48

Stat. 1269) [43 U.S.C. 315 et seq.] enters military service, he may

elect to suspend his permit or license for the period of his

military service and six months thereafter, and the Secretary of

the Interior by regulations shall provide for such suspension of

permits and licenses and for the remission, reduction, or refund of

grazing fees during such suspension.

(3) This section shall not be construed to control specific

requirements contained in this article [sections 560 to 574 of this

Appendix].

-SOURCE-

(Oct. 17, 1940, ch. 888, art. V, Sec. 501, 54 Stat. 1187.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws of the United States and the mineral leasing

laws, referred to in subsec. (1), are classified generally to Title

30, Mineral Lands and Mining.

Act of June 28, 1934 (48 Stat. 1269), referred to in subsec. (2),

is act June 28, 1934, ch. 865, 48 Stat. 1269, as amended, popularly

known as the Taylor Grazing Act, which is classified principally to

subchapter I (Sec. 315 et seq.) of chapter 8A of Title 43, Public

Lands. For complete classification of this Act to the Code, see

Short Title note set out under section 315 of Title 43 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 567, 572 of this

Appendix; title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 562 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE V - TAXES AND PUBLIC LANDS

-HEAD-

Sec. 562. Homestead entries and settlement claims; service as

equivalent to residence and cultivation

-STATUTE-

If any person whose application for a homestead entry has been

allowed or who has made application for homestead entry which may

thereafter be allowed, after such entry or application enters

military service, or if any person who has a valid settlement claim

enters military service, the Department of the Interior shall

construe his military service to be equivalent to residence and

cultivation upon the tract entered or settled upon for the period

of such service. From the effective date of this Act [Oct. 17,

1940] no contest shall be initiated on the ground of abandonment

and no allegation of abandonment shall be sustained against any

such person, unless it shall be alleged in the preliminary

affidavit or affidavits of contest and proved at the hearing in

cases initiated subsequent to the effective date of this Act [Oct.

17, 1940] that the alleged absence from the land was not due to

such military service. If such person is discharged on account of

wounds received or disability incurred in the line of duty, the

term of his enlistment and any period of hospitalization due to

such wounds or disability shall be deducted from the required

length of residence, without reference to the time of actual

service. No patent shall issue to any such person who has not

resided upon, improved, and cultivated his homestead for a period

of at least one year.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. V, Sec. 502, 54 Stat. 1187.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 563, 567, 572 of this

Appendix; title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 563 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE V - TAXES AND PUBLIC LANDS

-HEAD-

Sec. 563. Death or incapacity during or resulting from service as

affecting rights; perfection of rights

-STATUTE-

(1) If any person whose application for a homestead entry has

been allowed or who has made application for homestead entry which

may thereafter be allowed or who has a valid settlement claim dies

while in military service or as a result of such service, his

widow, if unmarried, or in the case of her death or marriage, his

minor children, or his or their legal representatives, may proceed

forthwith to make final proof upon such entry or upon an

application which is allowed after the applicant's death, or upon a

homestead application thereafter allowed based on a valid

settlement claim, and shall be entitled to receive a patent for

such land. The death of such person while in military service or as

a result of such service shall be construed to be equivalent to a

performance of all requirements as to residence and cultivation

upon such homestead or claim, notwithstanding the provisions of

section 502 of this Act [section 562 of this Appendix].

(2) If such person is honorably discharged and because of

physical incapacities due to such service is unable to return to

the land, he may make final proof without further residence,

improvement, or cultivation, at such time and place as the

Secretary of the Interior may authorize, and receive a patent to

the land entered.

(3) The Act of July 28, 1917 (40 Stat. 248) [43 U.S.C. 241, 242],

is repealed.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. V, Sec. 503, 54 Stat. 1187.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 567, 572 of this

Appendix; title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 564 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE V - TAXES AND PUBLIC LANDS

-HEAD-

Sec. 564. Desert-land entries; suspension of requirements

-STATUTE-

(1) No desert-land entry made or held under the desert-land laws

prior to the entrance of the entryman or his successor in interest

into military service shall be subject to contest or cancelation

for failure to make or expend the sum of $1 per acre per year in

improvements upon the claim or to effect the reclamation of the

claim during the period the entryman or his successor in interest

is engaged in military service or during a period of six months

thereafter or during any period of hospitalization because of

wounds or disability incurred in the line of duty. The time within

which such entryman or claimant is required to make such

expenditures and effect reclamation of the land shall be exclusive

of his period of service and the six-months' period and any such

period of hospitalization.

(2) If such entryman or claimant is honorably discharged and

because of physical incapacities due to such service is unable to

accomplish reclamation of, and payment for, the land, he may make

proof without further reclamation or payments under such rules as

the Secretary of the Interior may prescribe and receive patent for

the land entered or claimed.

(3) In order to obtain the benefits of this section, such

entryman or claimant shall, within six months after his entrance

into military service, file or cause to be filed in the land office

of the district in which his claim is situated a notice that he has

entered military service and that he desires to hold the desert

claim under this section.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. V, Sec. 504, 54 Stat. 1187; Pub. L.

102-12, Sec. 9(19), Mar. 18, 1991, 105 Stat. 40.)

-REFTEXT-

REFERENCES IN TEXT

The desert-land laws, referred to in par. (1), are classified

generally to chapter 9 (Sec. 321 et seq.) of Title 43, Public

Lands.

-MISC1-

AMENDMENTS

1991 - Par. (3). Pub. L. 102-12 struck out "within six months

after the effective date of this Act or" after "claimant shall,".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 567, 572 of this

Appendix; title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 565 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE V - TAXES AND PUBLIC LANDS

-HEAD-

Sec. 565. Mining claims; requirements suspended

-STATUTE-

(1) The provisions of section 2324 of the Revised Statutes of the

United States (30 U.S.C. 28), which require that on each mining

claim located after May 10, 1872, and until patent has been issued

therefor not less than $100 worth of labor shall be performed or

improvements made during each year, shall not apply during the

period of his service, or until six months after the termination of

such service, or during any period of hospitalization because of

wounds or disability incurred in line of duty, to claims or

interests in claims which are owned by a person in military service

and which have been regularly located and recorded. No mining claim

or any interest in a claim which is owned by such a person and

which has been regularly located and recorded shall be subject to

forfeiture by nonperformance of the annual assessments during the

period of such military service, or until six months after the

termination of such service or of such hospitalization.

(2) In order to obtain the benefits of this section, the claimant

of any mining location shall, before the expiration of the

assessment year during which he enters military service, file or

cause to be filed in the office where the location notice or

certificate is recorded a notice that he has entered such service

and that he desires to hold his mining claim under this section.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. V, Sec. 505, 54 Stat. 1188; Pub. L.

102-12, Sec. 9(20), Mar. 18, 1991, 105 Stat. 41.)

-MISC1-

AMENDMENTS

1991 - Par. (1). Pub. L. 102-12 inserted "(30 U.S.C. 28)" after

"section 2324 of the Revised Statutes of the United States".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 567, 572 of this

Appendix; title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 566 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE V - TAXES AND PUBLIC LANDS

-HEAD-

Sec. 566. Mineral permits and leases; suspension of operations and

term of permits and leases

-STATUTE-

(1) Any person holding a permit or lease on the public domain

under the Federal mineral leasing laws who enters military service

may, at his election, suspend all operations under his permit or

lease for a period of time equivalent to the period of his military

service and six months thereafter. The term of the permit or lease

shall not run during such period of suspension nor shall any

rentals or royalties be charged against the permit or lease during

the period of suspension.

(2) In order to obtain the benefit of this section, such

permittee or lessee shall, within six months after his entrance

into military service, notify the Bureau of Land Management by

registered mail of his entrance into such service and of his desire

to avail himself of the benefits of this section.

(3) This section shall not be construed to supersede the terms of

any contract for operation of a permit or lease.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. V, Sec. 506, 54 Stat. 1188; Pub. L.

102-12, Sec. 9(21), Mar. 18, 1991, 105 Stat. 41.)

-REFTEXT-

REFERENCES IN TEXT

The Federal mineral leasing laws, referred to in par. (1), are

classified generally to Title 30, Mineral Lands and Mining.

-MISC1-

AMENDMENTS

1991 - Par. (2). Pub. L. 102-12 struck out "six months after the

effective date of this Act or" after "lessee shall, within" and

substituted "Bureau of Land Management" for "General Land Office".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 560 to 565, 567 to 590 of

this Appendix; title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 567 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE V - TAXES AND PUBLIC LANDS

-HEAD-

Sec. 567. Right to take action for perfection, defense, etc., of

rights as unaffected; affidavits and proofs

-STATUTE-

Nothing in this article [sections 560 to 574 of this Appendix]

shall be construed to limit or affect the right of a person in

military service to take any action during his period of service

which may be authorized by law or the regulations of the Department

of the Interior for the perfection, defense, or further assertion

of rights initiated or acquired prior to the date of entering

military service. It shall be lawful for any person while in such

service to make any affidavit or submit any proof which may be

required by law or the practice or regulations of the Bureau of

Land Management in connection with the entry, perfection, defense,

or further assertion of any rights initiated or acquired prior to

entering such service, before the officer in immediate command and

holding a commission in the branch of the service in which the

person is engaged. Such affidavits shall be as binding in law and

with like penalties as if taken before an officer designated by the

Secretary of the Interior. The Secretary of the Interior may issue

rules and regulations to effectuate the purposes of sections 501 to

512 [sections 561 to 572 of this Appendix].

-SOURCE-

(Oct. 17, 1940, ch. 888, art. V, Sec. 507, 54 Stat. 1188; Pub. L.

102-12, Sec. 9(22), Mar. 18, 1991, 105 Stat. 41.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-12 substituted "Bureau of Land Management" for

"General Land Office", substituted "an officer designated by the

Secretary of the Interior" for "a register of a United States land

office", and struck out ", inclusive" after "sections 501 to 512".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 572 of this Appendix;

title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 568 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE V - TAXES AND PUBLIC LANDS

-HEAD-

Sec. 568. Irrigation rights; residence requirements suspended

-STATUTE-

The Secretary of the Interior is authorized, in his discretion,

to suspend as to persons in military service during the period

while this Act [sections 501 to 593 of this Appendix] remains in

force and for a period of six months thereafter or during any

period of hospitalization because of wounds or disability incurred

in line of duty that provision of the act known as the "Reclamation

Act" requiring residence upon lands in private ownership or within

the neighborhood for securing water for the irrigation of the same

[43 U.S.C. 431], and he is authorized to permit the use of

available water thereon upon such terms and conditions as he may

deem proper.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. V, Sec. 508, 54 Stat. 1189.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 567, 572 of this

Appendix; title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 569 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE V - TAXES AND PUBLIC LANDS

-HEAD-

Sec. 569. Distribution of information concerning benefits of

article; forms

-STATUTE-

The Secretary of the Interior shall issue through appropriate

military and naval channels a notice for distribution by

appropriate military and naval authorities to persons in the

military service explaining the provisions of this article

[sections 560 to 574 of this Appendix] except as to sections 500,

513, and 514 hereof [sections 560, 573, and 574 of this Appendix]

and shall furnish forms to be distributed in like manner to those

desiring to make application for its benefits, except as to said

sections.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. V, Sec. 509, 54 Stat. 1189; Oct. 6,

1942, ch. 581, Sec. 15, 56 Stat. 776.)

-MISC1-

AMENDMENTS

1942 - Act Oct. 6, 1942, substituted "sections 500, 513, and 514"

for "section 500" and "sections" for "section" before period at

end.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 567, 572 of this

Appendix; title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 570 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE V - TAXES AND PUBLIC LANDS

-HEAD-

Sec. 570. Homestead entrymen permitted to leave entries to perform

farm labor

-STATUTE-

(1) During the pendency of any war in which the United States may

be engaged while this Act [sections 501 to 593 of this Appendix]

remains in force any homestead entryman shall be entitled to a

leave of absence from his entry for the purpose of performing farm

labor. The time actually spent in farm labor shall be counted as

constructive residence, if within fifteen days after leaving his

entry to engage in such labor the entryman files a notice of

absence in the land office of the district in which his entry is

situated, and if at the expiration of the calendar year the

entryman files in that office a written statement under oath and

corroborated by two witnesses giving the date or dates when he left

his entry, the date or dates of his return, and the place where and

person for whom he was engaged in farm labor during such period or

periods of absence.

(2) Nothing in this section shall excuse any homestead entryman

from making improvements or performing the cultivation upon his

entry required by law. The provisions of this section shall apply

only to persons whose applications have been allowed or filed

before October 17, 1940.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. V, Sec. 510, 54 Stat. 1189; Pub. L.

102-12, Sec. 9(23), Mar. 18, 1991, 105 Stat. 41.)

-MISC1-

AMENDMENTS

1991 - Par. (2). Pub. L. 102-12 substituted "before October 17,

1940" for "prior to the effective date of this Act".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 567, 572 of this

Appendix; title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 571 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE V - TAXES AND PUBLIC LANDS

-HEAD-

Sec. 571. Land rights of persons under 21

-STATUTE-

Any person under the age of twenty-one who serves in the military

service while this Act [sections 501 to 593 of this Appendix]

remains in force shall be entitled to the same rights under the

laws relating to lands owned or controlled by the United States,

including the mining and mineral leasing laws, as those over

twenty-one now possess under such laws. Any requirements as to

establishment of residence within a limited time shall be suspended

as to entry by such person until six months after his discharge

from military service. Applications for entry may be verified

before any officer in the United States or any foreign country

authorized to administer oaths by the laws of the State or

Territory in which the land may be situated.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. V, Sec. 511, 54 Stat. 1189.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws and the mineral leasing laws, referred to in

text, are classified generally to Title 30, Mineral Lands and

Mining.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 567, 572 of this

Appendix; title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 572 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE V - TAXES AND PUBLIC LANDS

-HEAD-

Sec. 572. Extension of benefits to persons serving with war allies

of United States

-STATUTE-

Citizens of the United States who serve with the forces of any

nation with which the United States may be allied in the

prosecution of any war in which the United States engages while

this Act [sections 501 to 593 of this Appendix] remains in force

shall be entitled to the relief and benefits afforded by sections

501 to 511, inclusive [sections 561 to 571 of this Appendix], if

such service is similar to military service as defined in this Act

[sections 501 to 593 of this Appendix], and if they are honorably

discharged and resume United States citizenship or die in the

service of the allied forces or as a result of such service.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. V, Sec. 512, 54 Stat. 1190; Oct. 6,

1942, ch. 581, Sec. 16, 56 Stat. 776.)

-MISC1-

AMENDMENTS

1942 - Act Oct. 6, 1942, substituted "sections 501 to 511,

inclusive" for "this article".

REPEAL OF PRIOR ACTS CONTINUING SECTION

Section 6 of act July 3, 1952, ch. 570, 66 Stat. 334, repealed

act Apr. 14, 1952, ch. 204, 66 Stat. 54, as amended by acts May 28,

1952, ch. 339, 66 Stat. 96; June 14, 1952, ch. 437, 66 Stat. 137;

June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions

until July 3, 1952. This repeal took effect as of June 16, 1952, by

section 7 of act July 3, 1952.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 514, 567 of this

Appendix; title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 573 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE V - TAXES AND PUBLIC LANDS

-HEAD-

Sec. 573. Income taxes; collection deferred; interest; statute of

limitations

-STATUTE-

The collection from any person in the military service of any tax

on the income of such person, whether falling due prior to or

during his period of military service, shall be deferred for a

period extending not more than six months after the termination of

his period of military service if such person's ability to pay such

tax is materially impaired by reason of such service. No interest

on any amount of tax, collection of which is deferred for any

period under this section, and no penalty for nonpayment of such

amount during such period, shall accrue for such period of

deferment by reason of such nonpayment. The running of any statute

of limitations against the collection of such tax by distraint or

otherwise shall be suspended for the period of military service of

any individual the collection of whose tax is deferred under this

section, and for an additional period of nine months beginning with

the day following the period of military service. The provisions of

this section shall not apply to the income tax on employees imposed

by section 1400 of the Federal Insurance Contributions Act.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. V, Sec. 513, 54 Stat. 1190.)

-REFTEXT-

REFERENCES IN TEXT

Section 1400 of the Federal Insurance Contributions Act, referred

to in text, is section 1400 of act Feb. 10, 1939, ch. 2, 53 Stat.

175, which enacted section 1400 of former Title 26, Internal

Revenue Code of 1939. Section 1400 was repealed by section

7851(a)(3) of Title 26, Internal Revenue Code. For table of

comparisons of the 1939 Code to the 1986 Code, see Table I

preceding section 1 of Title 26, Internal Revenue Code. See also

section 7851(e) of Title 26, Internal Revenue Code, for provision

that references in the 1986 Code to a provision of the 1939 Code,

not then applicable, shall be deemed a reference to the

corresponding provision of the 1986 Code, which is then applicable.

-MISC1-

FORMER PROVISIONS FOR ABATEMENT OF TAX

Internal Revenue Code, Sec. 421, as added by act June 9, 1943,

ch. 120, Sec. 8, 57 Stat. 149, and amended by acts Aug. 5, 1947,

ch. 496, Sec. 1, 61 Stat. 778; Aug. 8, 1947, ch. 515, Sec. 9, 61

Stat. 918 (section 421 of former Title 26, Internal Revenue Code of

1939), provided for abatement of income tax for members of armed

forces dying on or after December 7, 1941, while in active service

and prior to January 1, 1948. These provisions were omitted in the

general amendment of that section by act Sept. 23, 1950, ch. 994,

title III, part I, Sec. 301, 64 Stat. 947.

EXTENSION OF DUE DATE UNDER OTHER LAWS

Section 507(b)(2)(A) of the Revenue Act of 1942, act Oct. 21,

1942, ch. 619, title V, 56 Stat. 964, provided: "The amendments

made by this section [adding sections 3804 and 3805 of former Title

26, Internal Revenue Code of 1939, and adding section 527 of this

Appendix] shall not be construed to shorten any period fixed under

the provisions of section 513 of the Soldiers' and Sailors' Civil

Relief Act of 1940 [this section] within which any act may be done,

except that any action or proceeding authorized under section

3804(d)(1) of the Internal Revenue Code [section 3804(d)(1) of

former Title 26, Internal Revenue Code of 1939], as well as any

other action or proceeding authorized by law in connection

therewith, may be taken, begun, or prosecuted without regard to the

period so fixed."

-End-

-CITE-

50 USC APPENDIX Sec. 574 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE V - TAXES AND PUBLIC LANDS

-HEAD-

Sec. 574. Residence for tax purposes

-STATUTE-

(1) For the purposes of taxation in respect of any person, or of

his personal property, income, or gross income, by any State,

Territory, possession, or political subdivision of any of the

foregoing, or by the District of Columbia, such person shall not be

deemed to have lost a residence or domicile in any State,

Territory, possession, or political subdivision of any of the

foregoing, or in the District of Columbia, solely by reason of

being absent therefrom in compliance with military or naval orders,

or to have acquired a residence or domicile in, or to have become

resident in or a resident of, any other State, Territory,

possession, or political subdivision of any of the foregoing, or

the District of Columbia, while, and solely by reason of being, so

absent. For the purposes of taxation in respect of the personal

property, income, or gross income of any such person by any State,

Territory, possession, or political subdivision of any of the

foregoing, or the District of Columbia, of which such person is not

a resident or in which he is not domiciled, compensation for

military or naval service shall not be deemed income for services

performed within, or from sources within, such State, Territory,

possession, political subdivision, or District, and personal

property shall not be deemed to be located or present in or to have

a situs for taxation in such State, Territory, possession, or

political subdivision, or district. Where the owner of personal

property is absent from his residence or domicile solely by reason

of compliance with military or naval orders, this section applies

with respect to personal property, or the use thereof, within any

tax jurisdiction other than such place of residence or domicile,

regardless of where the owner may be serving in compliance with

such orders. Nothing contained in this section shall prevent

taxation by any State, Territory, possession, or political

subdivision of any of the foregoing, or the District of Columbia in

respect of personal property used in or arising from a trade or

business, if it otherwise has jurisdiction. This section shall be

effective as of September 8, 1939, except that it shall not require

the crediting or refunding of any tax paid prior to October 6,

1942.

(2) When used in this section, (a) the term "personal property"

shall include tangible and intangible property (including motor

vehicles), and (b) the term "taxation" shall include but not be

limited to licenses, fees, or excises imposed in respect to motor

vehicles or the use thereof, but only if a license, fee, or excise

required by the State or territory, possession, or District of

Columbia of which the person is a resident or in which the person

is domiciled has been paid.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. V, Sec. 514, as added Oct. 6, 1942,

ch. 581, Sec. 17, 56 Stat. 777; amended July 3, 1944, ch. 397, Sec.

1, 58 Stat. 722; Pub. L. 87-771, Oct. 9, 1962, 76 Stat. 768; Pub.

L. 102-12, Sec. 9(24), Mar. 18, 1991, 105 Stat. 41.)

-MISC1-

AMENDMENTS

1991 - Par. (1). Pub. L. 102-12, Sec. 9(24)(A), substituted

"orders. Nothing" for "orders: Provided, That nothing".

Par. (2). Pub. L. 102-12, Sec. 9(24)(B), substituted "the use

thereof, but only if a license, fee, or excise required by the

State or territory, possession, or District of Columbia of which

the person is a resident or in which the person is domiciled has

been paid" for "the use thereof: Provided, That the license, fee,

or excise required by the State, Territory, possession, or District

of Columbia of which the person is a resident or in which he is

domiciled has been paid".

1962 - Pub. L. 87-771 inserted sentence in par. (1) making this

section applicable with respect to personal property, or the use

thereof, within any tax jurisdiction other than the place of

residence or domicile, regardless of where the owner may be serving

in compliance with military or naval orders where the owner of

personal property is absent from his residence or domicile solely

by reason of compliance with such orders.

1944 - Act July 3, 1944, inserted "personal" before "property" in

first sentence, "personal property", before "income or gross

income", "and personal property shall not be deemed to be located

or present in or to have a situs for taxation in such State,

Territory, possession, or political subdivision, or district:

Provided, That nothing contained in this section shall prevent

taxation by any State, Territory, possession, or political

subdivision of any of the foregoing, or the District of Columbia in

respect of personal property used in or arising from a trade or

business, if it otherwise has jurisdiction" after "or District" in

second sentence, and substituted "October 6, 1942" for "the date of

the enactment of the Soldiers' and Sailors' Civil Relief Act

amendments of 1942" in third sentence.

CREDITING OR REFUNDING TANGIBLE PERSONAL PROPERTY TAX

Section 2 of act July 3, 1944, provided: "Nothing contained in

this Act [amending this section] shall be construed to require the

crediting or refunding of any tax in respect of tangible personal

property (including licenses, fees, or excise imposed in respect of

motor vehicles or the use thereof) paid prior to the date of its

enactment [July 3, 1944]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5569; title 20

section 7701.

-End-

-CITE-

50 USC APPENDIX ARTICLE VI - ADMINISTRATIVE

REMEDIES 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE VI - ADMINISTRATIVE REMEDIES

-HEAD-

ARTICLE VI - ADMINISTRATIVE REMEDIES

-End-

-CITE-

50 USC APPENDIX Sec. 580 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE VI - ADMINISTRATIVE REMEDIES

-HEAD-

Sec. 580. Transfers to take advantage of act

-STATUTE-

Where in any proceeding to enforce a civil right in any court it

is made to appear to the satisfaction of the court that any

interest, property, or contract has since October 17, 1940, been

transferred or acquired with intent to delay the just enforcement

of such right by taking advantage of this Act [sections 501 to 593

of this Appendix], the court shall enter such judgment or make such

order as might lawfully be entered or made, the provisions of this

Act [said sections] to the contrary notwithstanding.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. VI, Sec. 600, 54 Stat. 1190; Pub. L.

102-12, Sec. 9(25), Mar. 18, 1991, 105 Stat. 41.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-12 substituted "October 17, 1940," for "the

date of the approval of this Act".

-End-

-CITE-

50 USC APPENDIX Sec. 581 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE VI - ADMINISTRATIVE REMEDIES

-HEAD-

Sec. 581. Certificates of service; persons reported missing

-STATUTE-

(1) In any proceeding under this Act [sections 501 to 593 of this

Appendix] a certificate signed by The Adjutant General of the Army

as to persons in the Army or in any branch of the United States

service while serving pursuant to law with the Army of the United

States, signed by the Chief of Naval Personnel as to persons in the

United States Navy or in any other branch of the United States

service while serving pursuant to law with the United States Navy,

and signed by the Commandant, United States Marine Corps, as to

persons in the Marine Corps, or in any other branch of the United

States service while serving pursuant to law with the Marine Corps,

or signed by an officer designated by any of them, respectively,

for the purpose, shall when produced be prima facie evidence as to

any of the following facts stated in such certificate:

That a person named has not been, or is, or has been in military

service; the time when and the place where such person entered

military service, his residence at that time, and the rank, branch,

and unit of such service that he entered, the dates within which he

was in military service, the monthly pay received by such person at

the date of issuing the certificate, the time when and the place

where such person died in or was discharged from such service.

(2) It shall be the duty of the foregoing officers to furnish

such certificate on application, and any such certificate when

purporting to be signed by any one of such officers or by any

person purporting upon the face of the certificates to have been so

authorized shall be prima facie evidence of its contents and of the

authority of the signer to issue the same.

(3) Where a person in military service has been reported missing

he shall be presumed to continue in the service until accounted

for, and no period herein limited which begins or ends with the

death of such person shall begin or end until the death of such

person is in fact reported to or found by the Department of

Defense, or any court or board thereof, or until such death is

found by a court of competent jurisdiction. No period herein

limited which begins or ends with the death of such person shall be

extended beyond a period of six months after the time when this Act

[said sections] ceases to be in force.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. VI, Sec. 601, 54 Stat. 1190; Jan. 20,

1942, ch. 10, Secs. 1, 2, 56 Stat. 10; Pub. L. 102-12, Sec. 9(26),

Mar. 18, 1991, 105 Stat. 41.)

-REFTEXT-

REFERENCES IN TEXT

The time when this Act ceases to be in force, referred to in

subsec. (3), is defined in section 584 of this Appendix.

-MISC1-

AMENDMENTS

1991 - Par. (1). Pub. L. 102-12, Sec. 9(26)(A), substituted

"Chief of Naval Personnel" for "Chief of the Bureau of Navigation

of the Navy Department".

Par. (3). Pub. L. 102-12, Sec. 9(26)(B)(i), which directed the

substitution of "Department of Defense" for "Department of War or

the Navy", was executed by making the substitution for "Department

of War or Navy" to reflect the probable intent of Congress.

Pub. L. 102-12, Sec. 9(26)(B)(ii), substituted "jurisdiction. No"

for "jurisdiction: Provided, That no".

1942 - Act Jan. 20, 1942, changed "Major General Commandant of

the Marine Corps" to "Commandant of the Marine Corps".

-End-

-CITE-

50 USC APPENDIX Sec. 582 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE VI - ADMINISTRATIVE REMEDIES

-HEAD-

Sec. 582. Revocation, etc., of interlocutory orders

-STATUTE-

Any interlocutory order made by any court under the provisions of

this Act [sections 501 to 593 of this Appendix] may, upon the

court's own motion or otherwise, be revoked, modified, or extended

by it upon such notice to the parties affected as it may require.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. VI, Sec. 602, 54 Stat. 1191.)

-End-

-CITE-

50 USC APPENDIX Sec. 583 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE VI - ADMINISTRATIVE REMEDIES

-HEAD-

Sec. 583. Separability

-STATUTE-

If any provision of this Act [sections 501 to 593 of this

Appendix], or the application thereof to any person or

circumstances, is held invalid, the remainder of the Act [said

sections], and the application of such provision to other persons

or circumstances, shall not be affected thereby.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. VI, Sec. 603, 54 Stat. 1191.)

-End-

-CITE-

50 USC APPENDIX Sec. 584 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE VI - ADMINISTRATIVE REMEDIES

-HEAD-

Sec. 584. Termination date

-STATUTE-

This Act [sections 501 to 593 of this Appendix] shall remain in

force until May 15, 1945, except that should the United States be

then engaged in a war, this Act [said sections] shall remain in

force until such war is terminated by a treaty of peace proclaimed

by the President and for six months thereafter. Whenever under any

section or provision of this Act [said sections] a proceeding,

remedy, privilege, stay, limitation, accounting, or other

transaction has been authorized or provided with respect to

military service performed prior to the date herein fixed for the

termination of this Act [said sections], such section or provision

shall be deemed to continue in full force and effect so long as may

be necessary to the exercise or enjoyment of such proceeding,

remedy, privilege, stay, limitation, accounting, or other

transaction.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. VI, Sec. 604, 54 Stat. 1191; Pub. L.

102-12, Sec. 9(27), Mar. 18, 1991, 105 Stat. 41.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-12, Sec. 9(27)(A), substituted "1945, except

that" for "1945: Provided, That".

Pub. L. 102-12, Sec. 9(27)(B), which directed the substitution of

"thereafter. Whenever" for "thereafter: Provided further, That

whenever", was executed by making the substitution for "thereafter:

Provided further, That wherever" to reflect the probable intent of

Congress.

EXTENSION OF ACT

Notwithstanding the provisions of act July 25, 1947, ch. 327, 61

Stat. 449, set out below, this entire act, sections 501 to 593 of

this Appendix, are in force and effect and shall so remain until a

subsequent Act of Congress terminates them, under the provisions of

section 464 of this Appendix.

TERMINATION OF WAR

Joint Res. July 25, 1947, ch. 327, Sec. 4, 61 Stat. 454,

provided: "For the purposes of article IV of the Act of October 17,

1940 (54 Stat. 1183-1186), as amended [sections 540 to 548 of this

Appendix], the present war shall be deemed to have terminated

within the meaning of section 604 (54 Stat. 1191) of the said Act

[this section], as of the effective date of this joint resolution

[July 25, 1947]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 464 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 585 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE VI - ADMINISTRATIVE REMEDIES

-HEAD-

Sec. 585. Omitted

-COD-

CODIFICATION

Section, act Oct. 17, 1940, ch. 888, art. VI, Sec. 605, 54 Stat.

1191, related to the inapplicability of the Soldiers' and Sailors'

Relief Act of 1918 [section 101 et seq. of this Appendix], to

military service performed after Oct. 17, 1940.

-End-

-CITE-

50 USC APPENDIX ARTICLE VII - FURTHER RELIEF 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE VII - FURTHER RELIEF

-HEAD-

ARTICLE VII - FURTHER RELIEF

-End-

-CITE-

50 USC APPENDIX Sec. 590 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE VII - FURTHER RELIEF

-HEAD-

Sec. 590. Stay of enforcement of obligations, liabilities, taxes,

etc.

-STATUTE-

(1) A person may, at any time during his period of military

service or within six months thereafter, apply to a court for

relief in respect of any obligation or liability incurred by such

person prior to his period of military service or in respect of any

tax or assessment whether falling due prior to or during his period

of military service. The court, after appropriate notice and

hearing, unless in its opinion the ability of the applicant to

comply with the terms of such obligation or liability or to pay

such tax or assessment has not been materially affected by reason

of his military service, may grant the following relief:

(a) In the case of an obligation payable under its terms in

installments under a contract for the purchase of real estate, or

secured by a mortgage or other instrument in the nature of a

mortgage upon real estate, a stay of the enforcement of such

obligation during the applicant's period of military service and,

from the date of termination of such period of military service or

from the date of application if made after such service, for a

period equal to the period of the remaining life of the installment

contract or other instrument plus a period of time equal to the

period of military service of the applicant or any part of such

combined period, subject to payment of the balance of principal and

accumulated interest due and unpaid at the date of termination of

the period of military service or from the date of application, as

the case may be, in equal installments during such combined period

at such rate of interest on the unpaid balance as is prescribed in

such contract, or other instrument evidencing the obligation, for

installments paid when due, and subject to such other terms as may

be just.

(b) In the case of any other obligation, liability, tax, or

assessment, a stay of the enforcement thereof during the

applicant's period of military service and, from the date of

termination of such period of military service or from the date of

application if made after such service, for a period of time equal

to the period of military service of the applicant or any part of

such period, subject to payment of the balance of principal and

accumulated interest due and unpaid at the date of termination of

such period of military service or the date of application, as the

case may be, in equal periodic installments during such extended

period at such rate of interest as may be prescribed for such

obligation, liability, tax, or assessment, if paid when due, and

subject to such other terms as may be just.

(2) When any court has granted a stay as provided in this section

no fine or penalty shall accrue during the period the terms and

conditions of such stay are complied with by reason of failure to

comply with the terms or conditions of the obligation, liability,

tax, or assessment in respect of which such stay was granted.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. VII, Sec. 700, as added Oct. 6, 1942,

ch. 581, Sec. 18, 56 Stat. 777.)

-End-

-CITE-

50 USC APPENDIX Sec. 591 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE VII - FURTHER RELIEF

-HEAD-

Sec. 591. Power of attorney

-STATUTE-

(a) Extension for period person in missing status

Notwithstanding any other provision of law, a power of attorney

which -

(1) was duly executed by a person in the military service who

is in a missing status (as defined in section 551(2) of title 37,

United States Code);

(2) designates that person's spouse, parent, or other named

relative as his attorney in fact for certain specified, or all,

purposes; and

(3) expires by its terms after that person entered a missing

status, and before or after the effective date of this section;

shall be automatically extended for the period that the person is

in a missing status.

(b) Limitation on extension

No power of attorney executed after the effective date of this

section by a person in the military service may be extended under

subsection (a) of this section if the document by its terms clearly

indicates that the power granted expires on the date specified even

though that person, after the date of execution of the document,

enters a missing status.

(c) Persons subject to coverage

This section applies to the following powers of attorney executed

by a person in military service or under a call or order to report

for military service (or who has been advised by an official of the

Department of Defense that such person may receive such a call or

order):

(1) A power of attorney that is executed during the Vietnam era

(as defined in section 101(29) of title 38, United States Code).

(2) A power of attorney that expires by its terms after July

31, 1990.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. VII, Sec. 701, as added Pub. L.

92-540, title V, Sec. 504(2), Oct. 24, 1972, 86 Stat. 1098; amended

Pub. L. 102-12, Sec. 3, Mar. 18, 1991, 105 Stat. 34.)

-MISC1-

AMENDMENTS

1991 - Subsec. (c). Pub. L. 102-12 amended subsec. (c) generally.

Prior to amendment, subsec. (c) read as follows: "This section

applies only to persons in military service who executed powers of

attorney during the Vietnam era (as defined in section 101(29) of

title 38, United States Code)."

EFFECTIVE DATE

Section effective 90 days after Oct. 24, 1972, see section 601(b)

of Pub. L. 92-540, set out as an Effective Date of 1972 Amendment

note under section 4101 of Title 38, Veterans' Benefits.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5569.

-End-

-CITE-

50 USC APPENDIX Sec. 592 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE VII - FURTHER RELIEF

-HEAD-

Sec. 592. Professional liability protection for certain persons

ordered to active duty in armed forces

-STATUTE-

(a) Applicability

This section applies to a person who -

(1) after July 31, 1990, is ordered to active duty (other than

for training) pursuant to section 688, 12301(a), 12301(g), 12302,

12304, 12306, or 12307 of title 10, United States Code, or who is

ordered to active duty under section 12301(d) of such title

during a period when members are on active duty pursuant to any

of the preceding sections; and

(2) immediately before receiving the order to active duty -

(A) was engaged in the furnishing of health-care services or

other services determined by the Secretary of Defense to be

professional services; and

(B) had in effect a professional liability insurance policy

that does not continue to cover claims filed with respect to

such person during the period of the person's active duty

unless the premiums are paid for such coverage for such period.

(b) Suspension of coverage

(1) Coverage of a person referred to in subsection (a) by a

professional liability insurance policy shall be suspended in

accordance with this subsection upon receipt of the written request

of such person by the insurance carrier.

(2) A professional liability insurance carrier -

(A) may not require that premiums be paid by or on behalf of a

person for any professional liability insurance coverage

suspended pursuant to paragraph (1); and

(B) shall refund any amount paid for coverage for the period of

such suspension or, upon the election of such person, apply such

amount for the payment of any premium becoming due upon the

reinstatement of such coverage.

(3) A professional liability insurance carrier shall not be

liable with respect to any claim that is based on professional

conduct (including any failure to take any action in a professional

capacity) of a person that occurs during a period of suspension of

that person's professional liability insurance under this

subsection. For the purposes of the preceding sentence, a claim

based upon the failure of a professional to make adequate provision

for patients to be cared for during the period of the

professional's active duty service shall be considered to be based

on an action or failure to take action before the beginning of the

period of suspension of professional liability insurance under this

subsection, except in a case in which professional services were

provided after the date of the beginning of such period.

(c) Reinstatement of coverage

(1) Professional liability insurance coverage suspended in the

case of any person pursuant to subsection (b) shall be reinstated

by the insurance carrier on the date on which that person transmits

to the insurance carrier a written request for reinstatement.

(2) The request of a person for reinstatement shall be effective

only if the person transmits the request to the insurance carrier

within 30 days after the date on which the person is released from

active duty. The insurance carrier shall notify the person of the

due date for payment of the premium of such insurance. Such premium

shall be paid by the person within 30 days after the receipt of

that notice.

(3) The period for which professional liability insurance

coverage shall be reinstated for a person under this subsection may

not be less than the balance of the period for which coverage would

have continued under the insurance policy if the coverage had not

been suspended.

(d) Increase in premium

An insurance carrier may not increase the amount of the premium

charged for professional liability insurance coverage of any person

for the minimum period of the reinstatement of such coverage

required under subsection (c)(3) to an amount greater than the

amount chargeable for such coverage for such period before the

suspension, except to the extent of any general increase in the

premium amounts charged by that carrier for the same professional

liability coverage for persons similarly covered by such insurance

during the period of the suspension.

(e) Continuation of coverage of unaffected persons

This section does not -

(1) require a suspension of professional liability insurance

coverage for any person who is not a person referred to in

subsection (a) and who is covered by the same professional

liability insurance as a person referred to in such subsection;

or

(2) relieve any person of the obligation to pay premiums for

the coverage not required to be suspended.

(f) Stay of civil or administrative actions

(1) A civil or administrative action for damages on the basis of

the alleged professional negligence or other professional liability

of a person whose professional liability insurance coverage has

been suspended under subsection (b) shall be stayed until the end

of the period of the suspension if -

(A) the action was commenced during that period;

(B) the action is based on an act or omission that occurred

before the date on which the suspension became effective; and

(C) the suspended professional liability insurance would,

except for the suspension, on its face cover the alleged

professional negligence or other professional liability

negligence or other professional liability of the person.

(2) Whenever a civil or administrative action for damages is

stayed under paragraph (1) in the case of any person, the action

shall be deemed to have been filed on the date on which the

professional liability insurance coverage of such person is

reinstated under subsection (c).

(g) Effect of suspension upon limitations period

In the case of a civil or administrative action for which a stay

could have been granted under subsection (f) by reason of the

suspension of professional liability insurance coverage of the

defendant under this section, the period of the suspension of the

coverage shall be excluded from the computation of any statutory

period of limitation on the commencement of such action.

(h) Death during period of suspension

If a person whose professional liability insurance coverage is

suspended under subsection (b) dies during the period of the

suspension -

(1) the requirement for the grant or continuance of a stay in

any civil or administrative action against such person under

subsection (f)(1) shall terminate on the date of the death of

such person; and

(2) the carrier of the professional liability insurance so

suspended shall be liable for any claim for damages for

professional negligence or other professional liability of the

deceased person in the same manner and to the same extent as such

carrier would be liable if the person had died while covered by

such insurance but before the claim was filed.

(i) Definitions

In this section:

(1) The term "active duty" has the meaning given that term in

section 101 of title 10, United States Code.

(2) The term "profession" includes occupation.

(3) The term "professional" includes occupational.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. VII, Sec. 702, as added Pub. L.

102-12, Sec. 4, Mar. 18, 1991, 105 Stat. 34; amended Pub. L.

104-106, div. A, title XV, Sec. 1501(e)(3), Feb. 10, 1996, 110

Stat. 501.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-106 substituted "section 688,

12301(a), 12301(g), 12302, 12304, 12306, or 12307 of title 10" for

"section 672(a) or (g), 673, 673b, 674, 675, or 688 of title 10"

and "section 12301(d) of such title" for "section 672(d) of such

title".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of Title 10, Armed

Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 593 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 593 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE VII - FURTHER RELIEF

-HEAD-

Sec. 593. Reinstatement of health insurance coverage upon release

from service

-STATUTE-

(a) Right to reinstatement of coverage

A person who, by reason of military service described in section

702(a)(1) [section 592(a)(1) of this Appendix], is entitled to the

rights and benefits of this Act [sections 501 to 593 of this

Appendix] shall also be entitled upon release from such military

service to reinstatement of any health insurance which (1) was in

effect on the day before such service commenced, and (2) was

terminated effective on a date during the period of such service.

(b) Exclusion or waiting period

An exclusion or a waiting period may not be imposed in connection

with reinstatement of health insurance coverage of a health or

physical condition of a person under subsection (a), or a health or

physical condition of any other person who is covered by the

insurance by reason of the coverage of such person, if -

(1) the condition arose before or during that person's period

of training or service in the Armed Forces;

(2) an exclusion or waiting period would not have been imposed

for the condition during a period of coverage resulting from

participation by such person in the insurance; and

(3) the condition of such person has not been determined by the

Secretary of Veterans Affairs to be a disability incurred or

aggravated in the line of duty (within the meaning of section 105

of title 38, United States Code).

(c) Employer-offered insurance benefits

Subsection (a) does not apply in the case of employer-offered

insurance benefits in which a person referred to in such subsection

is entitled to participate pursuant to the provisions of chapter 43

of title 38, United States Code.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. VII, Sec. 703, as added Pub. L.

102-12, Sec. 5(b), Mar. 18, 1991, 105 Stat. 37.)

-MISC1-

EFFECTIVE DATE

Section 5(c) of Pub. L. 102-12 provided that: "The amendments

made by this section [enacting this section and amending section

4301 of Title 38, Veterans' Benefits] shall take effect as of

August 1, 1990."

-End-

-CITE-

50 USC APPENDIX Sec. 594 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

ARTICLE VII - FURTHER RELIEF

-HEAD-

Sec. 594. Guarantee of residency for military personnel

-STATUTE-

(a) For purposes of voting for any Federal office (as defined in

section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C.

431)) or a State or local office, a person who is absent from a

State in compliance with military or naval orders shall not, solely

by reason of that absence -

(1) be deemed to have lost a residence or domicile in that

State, without regard to whether or not the person intends to

return to that State;

(2) be deemed to have acquired a residence or domicile in any

other State; or

(3) be deemed to have become a resident in or a resident of any

other State.

(b) In this section, the term "State" includes a territory or

possession of the United States, a political subdivision of a

State, territory, or possession, and the District of Columbia.

-SOURCE-

(Oct. 17, 1940, ch. 888, art. VII, Sec. 704, as added Pub. L.

107-107, div. A, title XVI, Sec. 1603, Dec. 28, 2001, 115 Stat.

1276.)

-End-

-CITE-

50 USC APPENDIX FIRST WAR POWERS ACT, 1941 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

FIRST WAR POWERS ACT, 1941

-HEAD-

FIRST WAR POWERS ACT, 1941

-End-

-CITE-

50 USC APPENDIX ACT DEC. 18, 1941, CH. 593, 55

STAT. 838 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

FIRST WAR POWERS ACT, 1941

ACT DEC. 18, 1941, CH. 593, 55 STAT. 838

-HEAD-

ACT DEC. 18, 1941, CH. 593, 55 STAT. 838

-End-

-CITE-

50 USC APPENDIX TITLE I - COORDINATION OF

EXECUTIVE BUREAUS IN THE INTEREST OF

THE MORE EFFICIENT CONCENTRATION OF

THE GOVERNMENT 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

FIRST WAR POWERS ACT, 1941

ACT DEC. 18, 1941, CH. 593, 55 STAT. 838

TITLE I - COORDINATION OF EXECUTIVE BUREAUS IN THE INTEREST OF THE

MORE EFFICIENT CONCENTRATION OF THE GOVERNMENT

-HEAD-

TITLE I - COORDINATION OF EXECUTIVE BUREAUS IN THE INTEREST OF THE

MORE EFFICIENT CONCENTRATION OF THE GOVERNMENT

-End-

-CITE-

50 USC APPENDIX Secs. 601 to 605 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

FIRST WAR POWERS ACT, 1941

ACT DEC. 18, 1941, CH. 593, 55 STAT. 838

TITLE I - COORDINATION OF EXECUTIVE BUREAUS IN THE INTEREST OF THE

MORE EFFICIENT CONCENTRATION OF THE GOVERNMENT

-HEAD-

Secs. 601 to 605. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6,

1966, 80 Stat. 651

-MISC1-

Section 601, act Dec. 18, 1941, ch. 593, title I, Sec. 1, 55

Stat. 838, related to coordination of executive bureaus and offices

by the President for national defense.

Section 602, act Dec. 18, 1941, ch. 593, title I, Sec. 2, 55

Stat. 838, related to consolidation of offices.

Section 603, act Dec. 18, 1941, ch. 593, title I, Sec. 3, 55

Stat. 838, related to expenditure of appropriations.

Section 604, act Dec. 18, 1941, ch. 593, title I, Sec. 4, 55

Stat. 839, related to elimination of certain bureaus.

Section 605, act Dec. 18, 1941, ch. 593, title I, Sec. 5, 55

Stat. 839, related to suspension of conflicting laws.

-End-

-CITE-

50 USC APPENDIX TITLE II - CONTRACTS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

FIRST WAR POWERS ACT, 1941

ACT DEC. 18, 1941, CH. 593, 55 STAT. 838

TITLE II - CONTRACTS

-HEAD-

TITLE II - CONTRACTS

-End-

-CITE-

50 USC APPENDIX Sec. 611 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

FIRST WAR POWERS ACT, 1941

ACT DEC. 18, 1941, CH. 593, 55 STAT. 838

TITLE II - CONTRACTS

-HEAD-

Sec. 611. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 651

-MISC1-

Section, acts Dec. 18, 1941, ch. 593, title II, Sec. 201, 55

Stat. 839; Jan. 12, 1951, ch. 1230, Sec. 1, 64 Stat. 1257, related

to exemption of war contracts from certain restrictions.

-End-

-CITE-

50 USC APPENDIX TITLE III - TRADING WITH THE

ENEMY 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

FIRST WAR POWERS ACT, 1941

ACT DEC. 18, 1941, CH. 593, 55 STAT. 838

TITLE III - TRADING WITH THE ENEMY

-HEAD-

TITLE III - TRADING WITH THE ENEMY

-End-

-CITE-

50 USC APPENDIX Sec. 616 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

FIRST WAR POWERS ACT, 1941

ACT DEC. 18, 1941, CH. 593, 55 STAT. 838

TITLE III - TRADING WITH THE ENEMY

-HEAD-

Sec. 616. Omitted

-COD-

CODIFICATION

Section, act Dec. 18, 1941, ch. 593, title III, Sec. 301, 55

Stat. 839, amended section 5 of the Trading with the Enemy Act,

which is classified to section 5 of this Appendix and section 95a

of Title 12, Banks and Banking.

-End-

-CITE-

50 USC APPENDIX Sec. 617 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

FIRST WAR POWERS ACT, 1941

ACT DEC. 18, 1941, CH. 593, 55 STAT. 838

TITLE III - TRADING WITH THE ENEMY

-HEAD-

Sec. 617. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.

651

-MISC1-

Section, act Dec. 18, 1941, ch. 593, title III, Sec. 302, 55

Stat. 840, confirmed certain acts, etc., made under the Trading

with the Enemy Act.

-End-

-CITE-

50 USC APPENDIX Sec. 618 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

FIRST WAR POWERS ACT, 1941

ACT DEC. 18, 1941, CH. 593, 55 STAT. 838

TITLE III - TRADING WITH THE ENEMY

-HEAD-

Sec. 618. Repealed. July 5, 1947, ch. 327, Sec. 1, 61 Stat. 449

-MISC1-

Section, act Dec. 18, 1941, ch. 593, title III, Sec. 303, 55

Stat. 840, related to censorship of communications during World War

II and penalties and forfeitures for violations thereof.

-End-

-CITE-

50 USC APPENDIX Secs. 619, 620 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

FIRST WAR POWERS ACT, 1941

ACT DEC. 18, 1941, CH. 593, 55 STAT. 838

TITLE III - TRADING WITH THE ENEMY

-HEAD-

Secs. 619, 620. Transferred

-COD-

CODIFICATION

Section 619, act Dec. 18, 1941, ch. 593, title III, Sec. 304, as

added Mar. 8, 1946, ch. 83, Sec. 1, 60 Stat. 50, amended the

Trading with the Enemy Act by adding a section 32, and was

transferred to section 32 of this Appendix.

Section 620, act Dec. 18, 1941, ch. 593, title III, Sec. 305, as

added Aug. 8, 1946, ch. 878, Sec. 1, 60 Stat. 925, amended the

Trading with the Enemy Act by adding sections 33 to 37, and was

transferred to sections 33 to 37 of this Appendix.

-End-

-CITE-

50 USC APPENDIX TITLE IV - TIME LIMIT AND SHORT

TITLE 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

FIRST WAR POWERS ACT, 1941

ACT DEC. 18, 1941, CH. 593, 55 STAT. 838

TITLE IV - TIME LIMIT AND SHORT TITLE

-HEAD-

TITLE IV - TIME LIMIT AND SHORT TITLE

-End-

-CITE-

50 USC APPENDIX Secs. 621, 622 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

FIRST WAR POWERS ACT, 1941

ACT DEC. 18, 1941, CH. 593, 55 STAT. 838

TITLE IV - TIME LIMIT AND SHORT TITLE

-HEAD-

Secs. 621, 622. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966,

80 Stat. 651

-MISC1-

Section 621, act Dec. 18, 1941, ch. 593, title IV, Sec. 401, 55

Stat. 841, provided that sections 601 to 605 and 611 of this

Appendix would terminate six months after the termination of the

war or such earlier time as the Congress or President may

designate.

Section 622, act Dec. 18, 1941, ch. 593, title IV, Sec. 402, 55

Stat. 841, provided that act Dec. 18, 1941, may be cited as the

"First War Powers Act, 1941".

-End-

-CITE-

50 USC APPENDIX SECOND WAR POWERS ACT, 1942 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

-HEAD-

SECOND WAR POWERS ACT, 1942

-End-

-CITE-

50 USC APPENDIX ACT MAR. 27, 1942, CH. 199, 56

STAT. 176 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

-HEAD-

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

-End-

-CITE-

50 USC APPENDIX TITLE I - EMERGENCY POWERS OF

THE INTERSTATE COMMERCE COMMISSION

OVER MOTOR AND WATER CARRIERS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE I - EMERGENCY POWERS OF THE INTERSTATE COMMERCE COMMISSION

OVER MOTOR AND WATER CARRIERS

-HEAD-

TITLE I - EMERGENCY POWERS OF THE INTERSTATE COMMERCE COMMISSION

OVER MOTOR AND WATER CARRIERS

-End-

-CITE-

50 USC APPENDIX Secs. 631 to 631b 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE I - EMERGENCY POWERS OF THE INTERSTATE COMMERCE COMMISSION

OVER MOTOR AND WATER CARRIERS

-HEAD-

Secs. 631 to 631b. Repealed. Pub. L. 95-473, Sec. 4(b), Oct. 17,

1978, 92 Stat. 1468

-MISC1-

Section 631, act Mar. 27, 1942, ch. 199, title I, Sec. 101, 56

Stat. 177, amended section 304 of former Title 49, Transportation.

Section 631a, act Mar. 27, 1942, ch. 199, title I, Sec. 102, 56

Stat. 177, amended section 310a of former Title 49.

Section 631b, act Mar. 27, 1942, ch. 199, title I, Sec. 103, 56

Stat. 177, amended section 911 of former Title 49.

-End-

-CITE-

50 USC APPENDIX TITLE II - ACQUISITION AND

DISPOSITION OF PROPERTY 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE II - ACQUISITION AND DISPOSITION OF PROPERTY

-HEAD-

TITLE II - ACQUISITION AND DISPOSITION OF PROPERTY

-End-

-CITE-

50 USC APPENDIX Secs. 632, 632a 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE II - ACQUISITION AND DISPOSITION OF PROPERTY

-HEAD-

Secs. 632, 632a. Omitted

-COD-

CODIFICATION

Sections 632 and 632a were omitted as terminated pursuant to

section 645 of this Appendix.

Section 632, act Mar. 27, 1942, ch. 199, title II, Sec. 201, 56

Stat. 177, added section 2 to act July 2, 1917, ch. 35, section

171a of Title 50, War and National Defense, authorizing the

acquisition and disposition of property for military, naval, or

other war purposes.

Section 632a, act Mar. 27, 1942, ch. 199, title II, Sec. 202, as

added Dec. 28, 1945, ch. 590, Sec. 1(a), 59 Stat. 658, provided

that the authority granted by section 2 of act July 2, 1917, should

not be exercised after Dec. 28, 1945.

The following Executive Orders related to the exercise of

authority under section 632: No. 9129, eff. Apr. 13, 1942, 7 F.R.

2810; No. 9150, eff. Apr. 28, 1942, 7 F.R. 3217; No. 9186, eff.

June 5, 1942, 7 F.R. 4317; No. 9194, eff. July 7, 1942, 7 F.R.

5257; No. 9211, eff. Aug. 1, 1942, 7 F.R. 6030; No. 9217, eff. Aug.

7, 1942, 7 F.R. 6177; No. 9218, eff. Aug. 11, 1942, 7 F.R. 6381;

No. 9249, eff. Oct. 1, 1942, 7 F.R. 7874; No. 9280, eff. Dec. 5,

1942, 7 F.R. 10179; No. 9321, eff. Mar. 25, 1943, 8 F.R. 3749; and

President's letter of July 31, 1943, 8 F.R. 10702.

-End-

-CITE-

50 USC APPENDIX TITLE III - PRIORITIES POWERS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE III - PRIORITIES POWERS

-HEAD-

TITLE III - PRIORITIES POWERS

-End-

-CITE-

50 USC APPENDIX Sec. 633 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE III - PRIORITIES POWERS

-HEAD-

Sec. 633. Omitted

-COD-

CODIFICATION

Section, acts Mar. 27, 1942, ch. 199, title III, Sec. 301, 56

Stat. 177; Dec. 20, 1944, ch. 614, 58 Stat. 827; Aug. 7, 1946, ch.

770, Sec. 1(26), (31), 60 Stat. 868, which amended section 1152 of

this Appendix, was omitted as terminated pursuant to the provisions

of section 645 of this Appendix.

-End-

-CITE-

50 USC APPENDIX TITLE IV - PURCHASE BY FEDERAL

RESERVE BANKS OF GOVERNMENT

OBLIGATIONS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE IV - PURCHASE BY FEDERAL RESERVE BANKS OF GOVERNMENT

OBLIGATIONS

-HEAD-

TITLE IV - PURCHASE BY FEDERAL RESERVE BANKS OF GOVERNMENT

OBLIGATIONS

-End-

-CITE-

50 USC APPENDIX Sec. 634 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE IV - PURCHASE BY FEDERAL RESERVE BANKS OF GOVERNMENT

OBLIGATIONS

-HEAD-

Sec. 634. Omitted

-COD-

CODIFICATION

Section, act Mar. 27, 1942, ch. 199, title IV, Sec. 401, 56 Stat.

180, which amended section 355(b) of Title 12, Banks and Banking,

was omitted as terminated pursuant to the provisions of section 645

of this Appendix.

-End-

-CITE-

50 USC APPENDIX TITLE V - WAIVER OF NAVIGATION

AND INSPECTION LAWS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE V - WAIVER OF NAVIGATION AND INSPECTION LAWS

-HEAD-

TITLE V - WAIVER OF NAVIGATION AND INSPECTION LAWS

-End-

-CITE-

50 USC APPENDIX Sec. 635 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE V - WAIVER OF NAVIGATION AND INSPECTION LAWS

-HEAD-

Sec. 635. Omitted

-COD-

CODIFICATION

Section, act Mar. 27, 1942, ch. 199, title V, Sec. 501, 56 Stat.

180, which authorized waiver of navigation and inspection laws, was

omitted as terminated pursuant to the provisions of section 645 of

this Appendix.

-MISC1-

VESSELS OF WAR SHIPPING ADMINISTRATION AND THOSE TRAVELLING BETWEEN

PUERTO RICO AND UNITED STATES

Treasury Decisions No. 50756, Oct. 30, 1942, 7 F.R. 9005 and No.

50811, Feb. 5, 1943, 8 F.R. 1757, related respectively to those

vessels.

-End-

-CITE-

50 USC APPENDIX TITLE VI - POWER TO REQUISITION 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE VI - POWER TO REQUISITION

-HEAD-

TITLE VI - POWER TO REQUISITION

-End-

-CITE-

50 USC APPENDIX Secs. 636, 636a 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE VI - POWER TO REQUISITION

-HEAD-

Secs. 636, 636a. Omitted

-COD-

CODIFICATION

Section 636, act Mar. 27, 1942, ch. 199, title VI, Sec. 601, 56

Stat. 181, amended section 721 of this Appendix, which was omitted

from the Code.

Section 636a, act Mar. 27, 1942, ch. 199, title VI, Sec. 602, 56

Stat. 181, amended section 721 of this Appendix, which was omitted

from the Code.

-End-

-CITE-

50 USC APPENDIX TITLE VII - POLITICAL ACTIVITY 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE VII - POLITICAL ACTIVITY

-HEAD-

TITLE VII - POLITICAL ACTIVITY

-End-

-CITE-

50 USC APPENDIX Sec. 637 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE VII - POLITICAL ACTIVITY

-HEAD-

Sec. 637. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 651

-MISC1-

Section, act Mar. 27, 1942, ch. 199, title VII, Sec. 701, 56

Stat. 181, amended section 118i of former Title 5, Executive

Departments and Government Officers and Employees.

-End-

-CITE-

50 USC APPENDIX TITLE VIII - PROTECTION OF WAR

INDUSTRIES AND PROTECTION OF

RESOURCES SUBJECT TO HAZARDS OF

FOREST FIRES 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE VIII - PROTECTION OF WAR INDUSTRIES AND PROTECTION OF

RESOURCES SUBJECT TO HAZARDS OF FOREST FIRES

-HEAD-

TITLE VIII - PROTECTION OF WAR INDUSTRIES AND PROTECTION OF

RESOURCES SUBJECT TO HAZARDS OF FOREST FIRES

-End-

-CITE-

50 USC APPENDIX Sec. 638 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE VIII - PROTECTION OF WAR INDUSTRIES AND PROTECTION OF

RESOURCES SUBJECT TO HAZARDS OF FOREST FIRES

-HEAD-

Sec. 638. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 651

-MISC1-

Section, act Mar. 27, 1942, ch. 199, title VIII, Sec. 801, 56

Stat. 181, related to utilization of Civilian Conservation Corps.

-End-

-CITE-

50 USC APPENDIX TITLE IX - FREE POSTAGE FOR

SOLDIERS, SAILORS, AND MARINES 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE IX - FREE POSTAGE FOR SOLDIERS, SAILORS, AND MARINES

-HEAD-

TITLE IX - FREE POSTAGE FOR SOLDIERS, SAILORS, AND MARINES

-End-

-CITE-

50 USC APPENDIX Sec. 639 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE IX - FREE POSTAGE FOR SOLDIERS, SAILORS, AND MARINES

-HEAD-

Sec. 639. Repealed. Dec. 28, 1945, ch. 590, Sec. 1(b), 59 Stat. 658

-MISC1-

Section, act Mar. 27, 1942, ch. 199, title IX, Sec. 901, 56 Stat.

181, related to free postage for members of the armed forces.

-End-

-CITE-

50 USC APPENDIX Sec. 639a 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE IX - FREE POSTAGE FOR SOLDIERS, SAILORS, AND MARINES

-HEAD-

Sec. 639a. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat.

641

-MISC1-

Section, act Oct. 6, 1945, ch. 393, Sec. 10, 59 Stat. 542,

related to first class mail matter for members of the armed forces

and termination date.

-End-

-CITE-

50 USC APPENDIX TITLE X - NATURALIZATION OF

PERSONS SERVING IN THE ARMED FORCES

OF THE UNITED STATES DURING THE

PRESENT WAR 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE X - NATURALIZATION OF PERSONS SERVING IN THE ARMED FORCES OF

THE UNITED STATES DURING THE PRESENT WAR

-HEAD-

TITLE X - NATURALIZATION OF PERSONS SERVING IN THE ARMED FORCES OF

THE UNITED STATES DURING THE PRESENT WAR

-End-

-CITE-

50 USC APPENDIX Sec. 640 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE X - NATURALIZATION OF PERSONS SERVING IN THE ARMED FORCES OF

THE UNITED STATES DURING THE PRESENT WAR

-HEAD-

Sec. 640. Repealed. June 27, 1952, ch. 477, title IV, Sec.

403(a)(42), 66 Stat. 280

-MISC1-

Section, acts Mar. 27, 1942, ch. 199, title X, Sec. 1001, 56

Stat. 182; Dec. 28, 1945, ch. 590, Sec. 1(c), 59 Stat. 658, were

amendments to the Nationality Act of 1940 which were formerly

classified to sections 1001 to 1006 of Title 8, Aliens and

Nationality (relating to naturalization of persons serving in the

armed forces of the United States during World War II). See section

1440 of Title 8.

-End-

-CITE-

50 USC APPENDIX TITLE XI - ACCEPTANCE OF

CONDITIONAL GIFTS TO FURTHER THE WAR

PROGRAM 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE XI - ACCEPTANCE OF CONDITIONAL GIFTS TO FURTHER THE WAR

PROGRAM

-HEAD-

TITLE XI - ACCEPTANCE OF CONDITIONAL GIFTS TO FURTHER THE WAR

PROGRAM

-End-

-CITE-

50 USC APPENDIX Secs. 641 to 641f 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE XI - ACCEPTANCE OF CONDITIONAL GIFTS TO FURTHER THE WAR

PROGRAM

-HEAD-

Secs. 641 to 641f. Repealed. June 29, 1946, ch. 526, Sec. 1, 60

Stat. 345

-MISC1-

Section 641, act Mar. 27, 1942, ch. 199, title XI, Sec. 1101, 56

Stat. 183, related to acceptance by Secretary of the Treasury of

gifts for war purposes.

Section 641a, act Mar. 27, 1942, ch. 199, title XI, Sec. 1102, 56

Stat. 183, related to conversion of gift property into money.

Section 641b, act Mar. 27, 1942, ch. 199, title XI, Sec. 1103, 56

Stat. 183, related to deposit of moneys in War Contributions Fund.

Section 641c, act Mar. 27, 1942, ch. 199, title XI, Sec. 1104, 56

Stat. 183, related to allocation of deposits to pertinent

appropriations.

Section 641d, act Mar. 27, 1942, ch. 199, title XI, Sec. 1105, 56

Stat. 184, related to reports to Congress.

Section 641e, act Mar. 27, 1942, ch. 199, title XI, Sec. 1106, 56

Stat. 184, related to penalties for wrongful solicitation or use of

gifts. Section was also repealed by act June 25, 1948, ch. 645,

Sec. 21, 62 Stat. 862. See section 663 of Title 18, Crimes and

Criminal Procedure.

Section 641f, act Mar. 27, 1942, ch. 199, title XI, Sec. 1107, as

added by act Dec. 28, 1945, ch. 590, Sec. 1(d), 59 Stat. 658,

limited scope of authority granted by these sections to the

personnel of the armed forces stationed abroad.

-End-

-CITE-

50 USC APPENDIX TITLE XII - COINAGE OF 5-CENT

PIECES 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE XII - COINAGE OF 5-CENT PIECES

-HEAD-

TITLE XII - COINAGE OF 5-CENT PIECES

-End-

-CITE-

50 USC APPENDIX Secs. 642 to 642e 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE XII - COINAGE OF 5-CENT PIECES

-HEAD-

Secs. 642 to 642e. Omitted

-COD-

CODIFICATION

Section 642, acts Mar. 27, 1942, ch. 199, title XII, Sec. 1201,

56 Stat. 184; Dec. 28, 1945, ch. 590, Sec. 1(e), 59 Stat. 658,

which related to temporary coinage of silver and copper 5-cent

pieces, expired Dec. 31, 1945, by its own terms.

Section 642a, act Mar. 27, 1942, ch. 199, title XII, Sec. 1202,

56 Stat. 184, related to allocation of silver bullion to Director

of Mint for coinage of 5 cent pieces pursuant to section 642 of

this Appendix.

Section 642b, act Mar. 27, 1942, ch. 199, title XII, Sec. 1203,

56 Stat. 184, set standard for silver-copper ingots used for

coinage pursuant to section 642 of this Appendix and set the weight

deviation of such coinage.

Section 642c, act Mar. 27, 1942, ch. 199, title XII, Sec. 1204,

56 Stat. 184, provided that for purposes of section 341 of former

Title 31, Money and Finance, the coinage authorized by section 642

of this Appendix was to be deemed to be copper.

Section 642d, acts Mar. 27, 1942, ch. 199, title XII, Sec. 1205,

56 Stat. 184; Dec. 28, 1945, ch. 590, Sec. 1(e), 59 Stat. 658,

related to redemption, melting, and use of 5-cent pieces for

subsidiary silver coinage.

Section 642e, act Mar. 27, 1942, ch. 199, title XII, Sec. 1206,

56 Stat. 185, related to effective date of sections 642 to 642e of

this Appendix.

-End-

-CITE-

50 USC APPENDIX TITLE XIII - INSPECTION AND

AUDIT OF WAR CONTRACTORS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE XIII - INSPECTION AND AUDIT OF WAR CONTRACTORS

-HEAD-

TITLE XIII - INSPECTION AND AUDIT OF WAR CONTRACTORS

-End-

-CITE-

50 USC APPENDIX Secs. 643 to 643c 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE XIII - INSPECTION AND AUDIT OF WAR CONTRACTORS

-HEAD-

Secs. 643 to 643c. Omitted

-COD-

CODIFICATION

Sections 643 to 643c of this Appendix were omitted as terminated

six months after the termination of the national emergency

proclaimed by the President on Dec. 16, 1950, which emergency

terminated two years from Sept. 14, 1976, pursuant to section 1601

of Title 50, War and National Defense.

Section 643, act Mar. 27, 1942, ch. 199, title XIII, Sec. 1301,

56 Stat. 185, related to inspection of plants and audits of books

and records of defense contractors, definition of defense contract,

and designation of the governmental agency or officer to administer

these functions.

Section 643a, acts Mar. 27, 1942, ch. 199, title XIII, Sec. 1302,

56 Stat. 185; Oct. 15, 1970, Pub. L. 91-452, title II, Sec. 248, 84

Stat. 931, related to oaths and affirmations, attendance and

testimony of witnesses, production of records and other evidence,

and unlawful disclosure of information obtained.

Section 643b, act Mar. 27, 1942, ch. 199, title XIII, Sec. 1303,

56 Stat. 186, related to refusal to give evidence, etc., assistance

of courts to obtain such evidence, and penalties for such refusal.

Section 643c, act Mar. 27, 1942, ch. 199, title XIII, Sec. 1304,

56 Stat. 186, defined "person" for purposes of sections 643 to 643c

of this Appendix.

-MISC1-

CONTINUATION OF PROVISIONS UNTIL TERMINATION OF NATIONAL EMERGENCY

Act June 30, 1953, ch. 169, 67 Stat. 120, provided that sections

643 to 643c of this Appendix as extended by subsection 1(a)(2) of

the Emergency Powers Continuation Act (Public Law 450,

Eighty-second Congress), as amended, remain in full force and

effect until six months after the termination of the national

emergency proclaimed by the President on Dec. 16, 1950 (Proc. 2914,

3 C.F.R. 71, set out as a note preceding section 1 of this

Appendix), notwithstanding any limitation by reference to war of

the time during which the powers and authorizations therein granted

may be exercised, or until such earlier date as may be provided by

the Congress by concurrent resolution or by the President.

Provisions of this section were previously extended to July 1,

1953 by act July 3, 1952, ch. 570, Sec. 1(a)(2), 66 Stat. 331, as

amended by act Mar. 31, 1953, ch. 13, Sec. 1, 67 Stat. 18.

Act Apr. 4, 1953, ch. 21, Sec. 2, 67 Stat. 23, repealed act July

3, 1952, ch. 570, Sec. 1(a)(18), 66 Stat. 331, which continued the

effectiveness of this section until Apr. 1, 1953. Section 6 of act

July 3, 1952, repealed act Apr. 14, 1952, ch. 204, 66 Stat. 54, as

amended by act May 28, 1952, ch. 339, 66 Stat. 96; act June 14,

1952, ch. 437, 66 Stat. 137; act June 30, 1952, ch. 526, 66 Stat.

296, which continued provisions until July 3, 1952. This repeal

took effect as of June 16, 1952, by section 7 of act July 3, 1952.

-EXEC-

EXECUTIVE ORDER NO. 9127

Ex. Ord. No. 9127, eff. Apr. 10, 1942, 7 F.R. 2753, provided for

the inspection of plants and audit of books of defense contractors.

-End-

-CITE-

50 USC APPENDIX TITLE XIV - UTILIZATION OF VITAL

WAR INFORMATION 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE XIV - UTILIZATION OF VITAL WAR INFORMATION

-HEAD-

TITLE XIV - UTILIZATION OF VITAL WAR INFORMATION

-End-

-CITE-

50 USC APPENDIX Secs. 644 to 644b 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE XIV - UTILIZATION OF VITAL WAR INFORMATION

-HEAD-

Secs. 644 to 644b. Omitted

-COD-

CODIFICATION

Sections 644 to 644b were omitted as terminated pursuant to

section 645 of this Appendix.

Section 644, act Mar. 27, 1942, ch. 199, title XIV, Sec. 1401, 56

Stat. 186, related to special investigations and reports and to

penalties for refusal to answer questions or for supplying false

information.

Section 644a, act Mar. 27, 1942, ch. 199, title XIV, Sec. 1402,

56 Stat. 186, related to availability of reports to other

government agencies.

Section 644b, act Mar. 27, 1942, ch. 199, title XIV, Sec. 1403,

56 Stat. 186, defined person as used in this title.

-End-

-CITE-

50 USC APPENDIX TITLE XV - TIME LIMIT AND SHORT

TITLE 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE XV - TIME LIMIT AND SHORT TITLE

-HEAD-

TITLE XV - TIME LIMIT AND SHORT TITLE

-End-

-CITE-

50 USC APPENDIX Secs. 645 to 645b 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SECOND WAR POWERS ACT, 1942

ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

TITLE XV - TIME LIMIT AND SHORT TITLE

-HEAD-

Secs. 645 to 645b. Omitted

-COD-

CODIFICATION

Sections 645 to 645b of this Appendix, which were part of the

Second War Powers Act, 1942, were omitted in view of the repeal or

omission of the remaining provisions of the Second War Powers Act,

1942.

Section 645, acts Mar. 27, 1942, ch. 199, title XV, Sec. 1501, 56

Stat. 187; Dec. 20, 1944, ch. 614, 58 Stat. 827; Dec. 28, 1945, ch.

590, Sec. 1(f), 59 Stat. 658; June 29, 1946, ch. 526, Sec. 1, 60

Stat. 345; Mar. 31, 1947, ch. 29, Sec. 3, 61 Stat. 34; June 30,

1947, ch. 184, Sec. 1, 61 Stat. 214; July 15, 1947, ch. 248, Sec.

3, 61 Stat. 322; Feb. 28, 1948, ch. 85, 62 Stat. 58; June 4, 1948,

ch. 419, Sec. 1, 62 Stat. 342; June 30, 1949, ch. 289, 63 Stat.

404, provided for termination of portions of the Second War Powers

Act, 1942, former sections 631 to 642e, 643 to 643c, 644 to 644b,

and 645 to 645b of this Appendix, on certain specified dates.

Section 645a, act Mar. 27, 1942, ch. 199, title XV, Sec. 1502, 56

Stat. 187, provided that act Mar. 27, 1942, ch. 199, 56 Stat. 176,

be cited as the "Second War Powers Act, 1942".

Section 645b, act Mar. 27, 1942, ch. 199, title XV, Sec. 1503, as

added June 29, 1946, ch. 526, Sec. 2, 60 Stat. 346, provided that

nothing in the Second War Powers Act, 1942, or any other Federal

Act, except the Emergency Price Control Act of 1942, sections 901

to 946 of this Appendix, the Stabilization Act of 1942, sections

961 to 971 of this Appendix, or the District of Columbia Emergency

Rent Act be construed to authorize the establishment of price and

rent controls.

-MISC1-

FIRST DECONTROL ACT OF 1947

Act Mar. 31, 1947, ch. 29, 61 Stat. 34, known as the "First

Decontrol Act of 1947", provided that it was vital to a free

economy and full production in the United States that all emergency

controls and war powers under the Second War Powers Act, sections

631 to 642e, 643 to 643c, 644 to 644b, and 645 to 645b of this

Appendix, be removed except in certain limited instances, and

amended section 645 of this Appendix for the purpose of liquidating

existing emergency controls and war powers and for the purpose of

affording Congressional committees an opportunity to consider

specific legislation granting restricted authority in limited

instances.

SECOND DECONTROL ACT OF 1947

Act July 15, 1947, ch. 248, 61 Stat. 321, as amended Feb. 28,

1948, ch. 85, 62 Stat. 58; June 4, 1948, ch. 419, Sec. 1, 62 Stat.

342, known as the "Second Decontrol Act of 1947", provided that it

was the general policy of the United States to eliminate emergency

wartime controls of materials except to the minimum extent

necessary, and amended sections 645 and 701 of this Appendix to

effectuate this policy.

APPROPRIATIONS

Act June 30, 1947, ch. 184, Sec. 2, 61 Stat. 214, authorized

appropriations, out of any money in the Treasury not otherwise

appropriated, as may be necessary to carry out the provisions of

act June 30, 1947, amending sections 645 and 701 of this Appendix.

-End-

-CITE-

50 USC APPENDIX EXPORTATION RESTRICTIONS ON

CERTAIN ARTICLES 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORTATION RESTRICTIONS ON CERTAIN ARTICLES

-HEAD-

EXPORTATION RESTRICTIONS ON CERTAIN ARTICLES

-End-

-CITE-

50 USC APPENDIX ACT JULY 2, 1940, CH. 508, 54

STAT. 714 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORTATION RESTRICTIONS ON CERTAIN ARTICLES

ACT JULY 2, 1940, CH. 508, 54 STAT. 714

-HEAD-

ACT JULY 2, 1940, CH. 508, 54 STAT. 714

-End-

-CITE-

50 USC APPENDIX Sec. 701 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORTATION RESTRICTIONS ON CERTAIN ARTICLES

ACT JULY 2, 1940, CH. 508, 54 STAT. 714

-HEAD-

Sec. 701. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641

-MISC1-

Section, acts July 2, 1940, ch. 508, Sec. 6, 54 Stat. 714; June

30, 1942, ch. 461, 56 Stat. 463; July 1, 1944, ch. 360, 58 Stat.

671; June 30, 1945, ch. 205, 59 Stat. 270; May 23, 1946, ch. 269,

60 Stat. 215; June 30, 1947, ch. 184, Sec. 1, 61 Stat. 214; July

15, 1947, ch. 248, Sec. 4, 61 Stat. 323; Dec. 30, 1947, ch. 526,

Sec. 3(a), 61 Stat. 946, authorized President, until Feb. 28, 1949,

to prohibit or curtail exportation of any articles, technical data,

materials, or supplies, except under those rules and regulations as

he should prescribe. See section 2401 et seq. of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 702 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORTATION RESTRICTIONS ON CERTAIN ARTICLES

ACT JULY 2, 1940, CH. 508, 54 STAT. 714

-HEAD-

Sec. 702. Omitted

-COD-

CODIFICATION

Section, act May 28, 1941, ch. 134, 55 Stat. 206, extended

application of section 701 of this Appendix to territories and

possessions of the United States.

-End-

-CITE-

50 USC APPENDIX REQUISITION OF MILITARY

EQUIPMENT, MATERIALS AND SUPPLIES 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

REQUISITION OF MILITARY EQUIPMENT, MATERIALS AND SUPPLIES

-HEAD-

REQUISITION OF MILITARY EQUIPMENT, MATERIALS AND SUPPLIES

-End-

-CITE-

50 USC APPENDIX ACT OCT. 10, 1940, CH. 836, 54

STAT. 1090 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

REQUISITION OF MILITARY EQUIPMENT, MATERIALS AND SUPPLIES

ACT OCT. 10, 1940, CH. 836, 54 STAT. 1090

-HEAD-

ACT OCT. 10, 1940, CH. 836, 54 STAT. 1090

-End-

-CITE-

50 USC APPENDIX Secs. 711 to 713 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

REQUISITION OF MILITARY EQUIPMENT, MATERIALS AND SUPPLIES

ACT OCT. 10, 1940, CH. 836, 54 STAT. 1090

-HEAD-

Secs. 711 to 713. Omitted

-COD-

CODIFICATION

Sections 711 to 713 were omitted as terminated pursuant to

section 713 of this Appendix.

Section 711, acts Oct. 10, 1940, ch. 836, Sec. 1, 54 Stat. 1090;

July 2, 1942, ch. 471, Sec. 1, 56 Stat. 467, authorized President

to requisition certain military and naval materials, the

exportation of which had been prohibited or curtailed by law.

Authority to requisition under Defense Production Act of 1950 was

contained in section 2081 of this Appendix.

Section 712, act Oct. 10, 1940, ch. 836, Sec. 2, 54 Stat. 1091,

provided for compensation for materials requisitioned under

sections 711 to 713 of this Appendix. Compensation for property

requisitioned under Defense Production Act of 1950 was provided for

in section 2081 of this Appendix.

Section 713, acts Oct. 10, 1940, ch. 836, Sec. 3, 54 Stat. 1091;

July 2, 1942, ch. 471, Sec. 2, 56 Stat. 468; June 28, 1944, ch.

308, 58 Stat. 625; June 30, 1945, ch. 207, 59 Stat. 270, provided

that authority granted in sections 711 to 713 of this Appendix

should remain in force only until June 30, 1946.

-EXEC-

EXECUTIVE ORDER NO. 8567

Ex. Ord. No. 8567, Oct. 15, 1940, 5 F.R. 4121, provided for

administration of sections 711 to 713 of this Appendix.

-End-

-CITE-

50 USC APPENDIX ACT OCT. 16, 1941, CH. 445, 55

STAT. 742 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

REQUISITION OF MILITARY EQUIPMENT, MATERIALS AND SUPPLIES

ACT OCT. 16, 1941, CH. 445, 55 STAT. 742

-HEAD-

ACT OCT. 16, 1941, CH. 445, 55 STAT. 742

-End-

-CITE-

50 USC APPENDIX Secs. 721 to 724 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

REQUISITION OF MILITARY EQUIPMENT, MATERIALS AND SUPPLIES

ACT OCT. 16, 1941, CH. 445, 55 STAT. 742

-HEAD-

Secs. 721 to 724. Omitted

-COD-

CODIFICATION

Section 721, acts Oct. 16, 1941, ch. 445, Sec. 1, 55 Stat. 742;

Mar. 27, 1942, ch. 199, title VI, Secs. 601, 602, 56 Stat. 181;

June 30, 1943, ch. 181, Sec. 1, 57 Stat. 271; June 28, 1944, ch.

307, Sec. 1, 58 Stat. 624; June 30, 1945, ch. 208, Sec. 1, 59 Stat.

271, authorized President, not later than June 30, 1946, to

requisition certain military materials needed for defense and

provided for payment of just compensation which might be recovered

by suits against United States. Authority to requisition under

Defense Production Act of 1950 was contained in section 2081 of

this Appendix.

Section 722, acts Oct. 16, 1941, ch. 445, Sec. 2, 55 Stat. 742;

June 30, 1943, ch. 181, Sec. 2, 57 Stat. 271; June 28, 1944, ch.

307, Sec. 2, 58 Stat. 624; June 30, 1945, ch. 208, Sec. 2, 59 Stat.

271, provided for return of property acquired under sections 721 to

724 to the owner not later than Dec. 31, 1946, if owner desired it

and paid fair value thereof.

Section 723, act Oct. 16, 1941, ch. 445, Sec. 3, 55 Stat. 743,

related to reports to Congress.

Section 724, act Oct. 16, 1941, ch. 445, Sec. 4, 55 Stat. 743,

related to administration of sections 721 to 724 of this Appendix.

-End-

-CITE-

50 USC APPENDIX TERRITORIAL USE OF ARMY AND

EXTENSION OF SERVICE PERIOD 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TERRITORIAL USE OF ARMY AND EXTENSION OF SERVICE PERIOD

-HEAD-

TERRITORIAL USE OF ARMY AND EXTENSION OF SERVICE PERIOD

-End-

-CITE-

50 USC APPENDIX ACT DEC. 13, 1941, CH. 571, 55

STAT. 799 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TERRITORIAL USE OF ARMY AND EXTENSION OF SERVICE PERIOD

ACT DEC. 13, 1941, CH. 571, 55 STAT. 799

-HEAD-

ACT DEC. 13, 1941, CH. 571, 55 STAT. 799

-End-

-CITE-

50 USC APPENDIX Sec. 731 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TERRITORIAL USE OF ARMY AND EXTENSION OF SERVICE PERIOD

ACT DEC. 13, 1941, CH. 571, 55 STAT. 799

-HEAD-

Sec. 731. Omitted

-COD-

CODIFICATION

Section, act Dec. 13, 1941, ch. 571, Sec. 1, 55 Stat. 799,

suspended restrictions on territorial use of Army in sections 301

to 318 and 401 to 405 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 732 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TERRITORIAL USE OF ARMY AND EXTENSION OF SERVICE PERIOD

ACT DEC. 13, 1941, CH. 571, 55 STAT. 799

-HEAD-

Sec. 732. Transferred

-COD-

CODIFICATION

Section, act Dec. 13, 1941, ch. 571, Sec. 2, 55 Stat. 800, which

extended service periods during any war, was transferred to section

16a of former Title 10, Army and Air Force. Section 16a of former

Title 10 was repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A

Stat. 641, and reenacted as sections 3492 and 8492 of Title 10,

Armed Forces. Said sections 3492 and 8492 of Title 10 were repealed

by Pub. L. 90-235, Sec. 1(a)(2), Jan. 2, 1968, 81 Stat. 753. See

section 671a of Title 10.

-End-

-CITE-

50 USC APPENDIX Sec. 733 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TERRITORIAL USE OF ARMY AND EXTENSION OF SERVICE PERIOD

ACT DEC. 13, 1941, CH. 571, 55 STAT. 799

-HEAD-

Sec. 733. Repealed. June 28, 1950, ch. 383, title IV, Sec. 401(a),

64 Stat. 271

-MISC1-

Section, act Dec. 13, 1941, ch. 571, Sec. 3, 55 Stat. 800,

amended section 2 of former Title 10, Army and Air Force.

-End-

-CITE-

50 USC APPENDIX CIVILIAN PROTECTION FROM WAR

HAZARDS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

CIVILIAN PROTECTION FROM WAR HAZARDS

-HEAD-

CIVILIAN PROTECTION FROM WAR HAZARDS

-End-

-CITE-

50 USC APPENDIX ACT JAN. 27, 1942, CH. 20, 56

STAT. 19 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

CIVILIAN PROTECTION FROM WAR HAZARDS

ACT JAN. 27, 1942, CH. 20, 56 STAT. 19

-HEAD-

ACT JAN. 27, 1942, CH. 20, 56 STAT. 19

-End-

-CITE-

50 USC APPENDIX Secs. 741, 742 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

CIVILIAN PROTECTION FROM WAR HAZARDS

ACT JAN. 27, 1942, CH. 20, 56 STAT. 19

-HEAD-

Secs. 741, 742. Omitted

-COD-

CODIFICATION

Sections 741 and 742 were omitted pursuant to Ex. Ord. No. 9562,

June 5, 1945, 10 F.R. 6639, which terminated the Office of Civilian

Defense and abolished the functions of the Office and its Director.

See section 5195 et seq. of Title 42, The Public Health and

Welfare.

Section 741, act Jan. 27, 1942, ch. 20, Sec. 1, 56 Stat. 19,

related to provision by the Director of Civilian Defense of

protection from bombing attacks and other war hazards.

Section 742, act Jan. 27, 1942, ch. 20, Sec. 2, 56 Stat. 19,

related to unlawful use of insignia prescribed by the Director of

Civilian Defense and interference by the Director of Civilian

Defense or his agents with local districts or officials.

-End-

-CITE-

50 USC APPENDIX DECORATIONS, ETC., FOR MERCHANT

MARINE 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DECORATIONS, ETC., FOR MERCHANT MARINE

-HEAD-

DECORATIONS, ETC., FOR MERCHANT MARINE

-End-

-CITE-

50 USC APPENDIX JOINT RES. APR. 11, 1942, CH.

241, 56 STAT. 217 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DECORATIONS, ETC., FOR MERCHANT MARINE

JOINT RES. APR. 11, 1942, CH. 241, 56 STAT. 217

-HEAD-

JOINT RES. APR. 11, 1942, CH. 241, 56 STAT. 217

-End-

-CITE-

50 USC APPENDIX Secs. 751, 752 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DECORATIONS, ETC., FOR MERCHANT MARINE

JOINT RES. APR. 11, 1942, CH. 241, 56 STAT. 217

-HEAD-

Secs. 751, 752. Repealed. July 25, 1947, ch. 327, Sec. 1, 61 Stat.

449

-MISC1-

Section 751, act Apr. 11, 1942, ch. 241, 56 Stat. 217, related to

medals for outstanding conduct or service by persons serving in the

merchant marines on or after Sept. 3, 1939.

Section 752, act Apr. 11, 1942, ch. 241, 56 Stat. 217, related to

use of rosettes or other devices, number of medals to be issued,

awards for repeated distinguished service, and posthumous award of

medals.

-End-

-CITE-

50 USC APPENDIX ACT MAY 10, 1943, CH. 96, 57

STAT. 81 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DECORATIONS, ETC., FOR MERCHANT MARINE

ACT MAY 10, 1943, CH. 96, 57 STAT. 81

-HEAD-

ACT MAY 10, 1943, CH. 96, 57 STAT. 81

-End-

-CITE-

50 USC APPENDIX Secs. 753 to 753f 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DECORATIONS, ETC., FOR MERCHANT MARINE

ACT MAY 10, 1943, CH. 96, 57 STAT. 81

-HEAD-

Secs. 753 to 753f. Repealed. July 24, 1956, ch. 671, Sec. 5(a)(1),

70 Stat. 606, eff. July 1, 1954

-MISC1-

Section 753, act May 10, 1943, ch. 96, Sec. 1, 57 Stat. 81,

related to seamen's service and war zone insignias and the persons

eligible therefor.

Section 753a, act May 10, 1943, ch. 96, Sec. 2, 57 Stat. 81,

related to seamen's honor bar and to persons eligible therefor.

Section 753b, act May 10, 1943, ch. 96, Sec. 3, 57 Stat. 82,

related to a medal for seamen wounded, physically injured, or

suffering from dangerous exposure from acts of enemy.

Section 753c, act May 10, 1943, ch. 96, Sec. 4, 57 Stat. 82,

related to conditions for eligibility of awards, limitation and

termination of awards, and posthumous awards.

Section 753d, act May 10, 1943, ch. 96, Sec. 5, 57 Stat. 82,

related to seamen's service flag and lapel button and persons

entitled to display it.

Section 753e, act May 10, 1943, ch. 96, Sec. 6, 57 Stat. 82,

related to rules and regulations and expenditures of funds.

Section 753f, act May 10, 1943, ch. 96, Sec. 7, as added July 31,

1945, ch. 337, 59 Stat. 511; amended Aug. 7, 1946, ch. 786, 60

Stat. 884, prescribed regulations governing manufacture, sale,

possession, or display of awards and decorations, and penalties for

violations.

See sections 249 to 249c of Title 46, Appendix, Shipping.

REPLACEMENT OF AWARDS, MEDALS, AND DECORATIONS

Section 5(b) of act July 24, 1956, which authorized the Secretary

of Commerce, notwithstanding the repeal of sections 753 to 753f,

754 to 754b, and 1471 to 1475 of this Appendix, under such rules

and regulations as he may from time to time prescribe, to make

replacements at cost or permit replacements at reasonable prices by

persons authorized by him of the awards, medals, decorations, or

other articles issued under such sections, if lost, destroyed, or

rendered unfit for use, without fault or neglect on the part of the

owner, was repealed by Pub. L. 100-324, Sec. 9, May 30, 1988, 102

Stat. 577. See section 2004(c) of Title 46, Appendix, Shipping.

-End-

-CITE-

50 USC APPENDIX ACT AUG. 8, 1946, CH. 918, 60

STAT. 960 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DECORATIONS, ETC., FOR MERCHANT MARINE

ACT AUG. 8, 1946, CH. 918, 60 STAT. 960

-HEAD-

ACT AUG. 8, 1946, CH. 918, 60 STAT. 960

-End-

-CITE-

50 USC APPENDIX Secs. 754 to 754b 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DECORATIONS, ETC., FOR MERCHANT MARINE

ACT AUG. 8, 1946, CH. 918, 60 STAT. 960

-HEAD-

Secs. 754 to 754b. Repealed. July 24, 1956, ch. 671, Sec. 5(a)(2),

70 Stat. 606, eff. July 1, 1954

-MISC1-

Section 754, act Aug. 8, 1946, ch. 918, Sec. 1, 60 Stat. 960,

provided for award of service medals and honorable discharge

buttons (including posthumous award) to officers and crew in

merchant marine who served honorably in a war zone for thirty days

between Dec. 7, 1941, and Sept. 3, 1945, and who were entitled to a

certificate of substantially continuous service between May 1, 1940

and July 25, 1947, pursuant to regulations prescribed by Maritime

Commission.

Section 754a, act Aug. 8, 1946, ch. 918, Sec. 2, 60 Stat. 960,

authorized funds required to make awards of service medals and

honorable discharge buttons pursuant to sections 754 to 754b of

this Appendix.

Section 754b, act Aug. 8, 1946, ch. 918, Sec. 3, 60 Stat. 960,

related to regulations governing manufacture, sale, or use of

decorations, and the penalties for violation.

REPLACEMENT OF AWARDS, MEDALS, AND DECORATIONS

For replacement of awards, medals, and decorations, see section

2004(c) of Title 46, Appendix, Shipping.

-End-

-CITE-

50 USC APPENDIX USE OF PUBLIC LANDS FOR WAR

PURPOSES 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

USE OF PUBLIC LANDS FOR WAR PURPOSES

-HEAD-

USE OF PUBLIC LANDS FOR WAR PURPOSES

-End-

-CITE-

50 USC APPENDIX ACT JUNE 5, 1942, CH. 346, 56

STAT. 323 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

USE OF PUBLIC LANDS FOR WAR PURPOSES

ACT JUNE 5, 1942, CH. 346, 56 STAT. 323

-HEAD-

ACT JUNE 5, 1942, CH. 346, 56 STAT. 323

-End-

-CITE-

50 USC APPENDIX Secs. 756 to 759 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

USE OF PUBLIC LANDS FOR WAR PURPOSES

ACT JUNE 5, 1942, CH. 346, 56 STAT. 323

-HEAD-

Secs. 756 to 759. Repealed. July 25, 1947, ch. 327, Sec. 1, 61

Stat. 449

-MISC1-

Section 756, act June 5, 1942, ch. 346, Sec. 1, 56 Stat. 323,

provided for lease or sale of vacant public lands withdrawn or

reserved under certain Executive Orders or within a grazing

district for use in connection with manufacture of arms, etc.

Section 757, act June 5, 1942, ch. 346, Sec. 2, 56 Stat. 323,

provided that lessee's interest in public lands leased under

sections 756 to 759 should be taxable by States and political

subdivisions thereof.

Section 758, act June 5, 1942, ch. 346, Sec. 3, 56 Stat. 323,

provided for rules and regulations.

Section 759, act June 5, 1942, ch. 346, Sec. 4, 56 Stat. 323,

provided a termination date for sections 756 to 759 of this

Appendix.

-End-

-CITE-

50 USC APPENDIX MISCELLANEOUS PROVISIONS

AFFECTING MILITARY ESTABLISHMENT 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT

-HEAD-

MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT

-End-

-CITE-

50 USC APPENDIX ACT JUNE 5, 1942, CH. 340, 56

STAT. 314 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT

ACT JUNE 5, 1942, CH. 340, 56 STAT. 314

-HEAD-

ACT JUNE 5, 1942, CH. 340, 56 STAT. 314

-End-

-CITE-

50 USC APPENDIX Secs. 761, 762 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT

ACT JUNE 5, 1942, CH. 340, 56 STAT. 314

-HEAD-

Secs. 761, 762. Omitted

-COD-

CODIFICATION

Sections 761 and 762 were omitted as terminated pursuant to

section 776 of this Appendix.

Section 761, act June 5, 1942, ch. 340, Sec. 1, 56 Stat. 314,

authorized Secretary of War to provide for entertainment and

instruction of enlisted personnel and employment of interns in the

Medical Department at not to exceed $720 per annum. See

Continuation of Section 761 note set out below.

Section 762, act June 5, 1942, ch. 340, Sec. 2, 56 Stat. 314,

suspended all provisions of law existing on June 5, 1942, limiting

the strength of any branch of the Army, the number of aviation

cadets in the Army Air Corps, the number of assistant

superintendents of the Army Nurse Corps, the number and grade of

reserve officers who might be ordered to extended active duty, and

the number of officers of the Army who might be required to

participate in aerial flights. Such strength limitations were

superseded by section 452 of this Appendix and sections 3201, 3205,

3213, 3222, 3223, 3225 [see 522, 12002, and 12008] of Title 10,

Armed Forces. Appointments as assistant superintendents of the Army

Nurse Corps have ceased to exist under section 166l of former Title

10, Army and Air Force, and limitations as to number of reserve

officers on active duty and number of officers participating in

aerial flights, sections 369a and 292 of former Title 10, were

repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641.

-MISC1-

CONTINUATION OF SECTION 761 UNTIL AUGUST 1, 1953

Act June 30, 1953, ch. 172, 67 Stat. 132, and act Mar. 31, 1953,

ch. 13, Sec. 1, 67 Stat. 18, amended act July 3, 1952, ch. 570, 66

Stat. 332, which provided that section 761 of this Appendix should

continue in force in no event beyond Aug. 1, 1953.

REPEAL OF PRIOR ACTS CONTINUING SECTION 761

Act Apr. 4, 1953, ch. 21, Sec. 2, 67 Stat. 23, repealed act July

3, 1952, ch. 570, Sec. 1(a)(18), which continued the effectiveness

of section 761 of this Appendix until Apr. 1, 1953. Section 6 of

act July 3, 1952, repealed act Apr. 14, 1952, ch. 204, 66 Stat. 54;

amended May 28, 1952, ch. 339, 66 Stat. 96; June 14, 1952, ch. 437,

66 Stat. 137; June 30, 1952, ch. 526, 66 Stat. 296, which continued

provisions until July 3, 1952. This repeal took effect as of June

16, 1952, by section 7 of act July 3, 1952.

-End-

-CITE-

50 USC APPENDIX Sec. 763 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT

ACT JUNE 5, 1942, CH. 340, 56 STAT. 314

-HEAD-

Sec. 763. Repealed. Sept. 23, 1950, ch. 1010, Sec. 3(a), 64 Stat.

986

-MISC1-

Section, act June 5, 1942, ch. 340, Sec. 3, 56 Stat. 314, related

to appointment and transfer of civilian employers for foreign

service and transportation of employees, dependents, and effects.

-End-

-CITE-

50 USC APPENDIX Sec. 764 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT

ACT JUNE 5, 1942, CH. 340, 56 STAT. 314

-HEAD-

Sec. 764. Omitted

-COD-

CODIFICATION

Section 764, act June 5, 1942, ch. 340, Sec. 4(a)-(d), 56 Stat.

315, relating to travel allowances for dependents and effects of

military personnel, were repealed by act Oct. 12, 1949, ch. 681,

title V, Sec. 531(c)(11), 63 Stat. 840, eff. Jan. 1, 1950. See

section 404 et seq. of Title 37, Pay and Allowances of the

Uniformed Services.

Section 764, act June 5, 1942, ch. 340, Sec. 4(e), as added Feb.

12, 1946, ch. 6, Sec. 4, 60 Stat. 5; amended Oct. 12, 1949, ch.

681, title V, Sec. 525(a), 63 Stat. 836, provided for monetary

payments in lieu of transportation authorized by section 763(b),

(c) of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 765 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT

ACT JUNE 5, 1942, CH. 340, 56 STAT. 314

-HEAD-

Sec. 765. Repealed. Sept. 23, 1950, ch. 1010, Sec. 3(a), 64 Stat.

986

-MISC1-

Section, acts June 5, 1942, ch. 340, Sec. 5, 56 Stat. 316; Oct.

12, 1949, ch. 681, title V, Sec. 525(b), 63 Stat. 836, related to

availability of funds for transportation of baggage, etc. See

section 5701 et seq. of Title 5, Government Organization and

Employees.

-End-

-CITE-

50 USC APPENDIX Secs. 766 to 776 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT

ACT JUNE 5, 1942, CH. 340, 56 STAT. 314

-HEAD-

Secs. 766 to 776. Omitted

-COD-

CODIFICATION

Sections 766 to 776 were omitted as terminated pursuant to

section 776 of this Appendix.

Section 766, act June 5, 1942, ch. 340, Sec. 6, 56 Stat. 316,

made available for lease of vessels Army transportation funds.

Section 767, act June 5, 1942, ch. 340, Sec. 7, 56 Stat. 316,

made funds available for acquisition of land, rights pertaining

thereto, leasehold and other interests, temporary uses, and

approval of title. Such provisions continued until Aug. 1, 1953, as

provided in Continuation of Section 767 note set out below.

Section 768, act June 5, 1942, ch. 340, Sec. 8, 56 Stat. 316,

limited fixed fee to 6 per centum on cost-plus contracts for

military posts.

Section 769, act June 5, 1942, ch. 340, Sec. 9, 56 Stat. 316,

extended act Mar. 5, 1940, ch. 44, 54 Stat. 45, relating to

aircraft procurement, which was repealed by act July 25, 1947, ch.

327, Sec. 1, 61 Stat. 449.

Section 770, act June 5, 1942, ch. 340, Sec. 10, 56 Stat. 316,

made available the funds of Engineer Service, Army, for expenses of

operation of railroad.

Section 771, act June 5, 1942, ch. 340, Sec. 11, 56 Stat. 316,

made funds available for acquisition of leasehold and other

interests in land, temporary uses, and approval of title. Such

provisions continued until Aug. 1, 1953, as provided in

Continuation of Section 771 note set out below.

Section 772, act June 5, 1942, ch. 340, Sec. 12, 56 Stat. 316,

related to employment of necessary personnel for production of

plans for Army projects and their compensation.

Section 773, act June 5, 1942, ch. 340, Sec. 13, 56 Stat. 317,

extended provisions of section 1171(a), (b) of this Appendix to

moneys appropriated for Department of the Army for national

defenses during World War II and was repealed by act Aug. 10, 1956,

ch. 1041, Sec. 53, 70A Stat. 672.

Section 774, act June 5, 1942, ch. 340, Sec. 14, 56 Stat. 317,

related to suspension of limitations on number of aircraft.

Section 775, act June 5, 1942, ch. 340, Sec. 15, 56 Stat. 317,

provided that sections 761 to 776 of this Appendix were not to

limit or effect any power or authority granted or conferred by the

First War Powers Act, 1941 [sections 601 to 605, 611, and 616 to

622 of this Appendix] or the Second War Powers Act, 1942 [sections

631 to 642e, 643 to 643c, 644 to 644b, and 645 to 645b of this

Appendix].

Section 776, act June 5, 1942, ch. 340, Sec. 16, 56 Stat. 317,

provided that provisions of sections 761 to 776 of this Appendix

should remain in force during the continuance of World War II and

for six months after its termination. For termination of state of

war, see notes set out preceding section 1 of this Appendix.

-MISC1-

CONTINUATION OF SECTIONS 767, 771 UNTIL AUGUST 1, 1953

Section 1(a)(5) of act July 3, 1952, ch. 570, 66 Stat. 331, as

amended Mar. 31, 1953, ch. 13, Sec. 1, 67 Stat. 18; June 30, 1953,

ch. 172, 67 Stat. 132, provided that sections 767 and 771 of this

Appendix should continue in force until six months after the

termination of the national emergency proclaimed by the President

on Dec. 16, 1950 by Proc. No. 2914, 15 F.R. 9029, set out as a note

preceding section 1 of this Appendix, or such earlier date or dates

as may be provided for by Congress, but in no event beyond Aug. 1,

1953, as extended from Apr. 1, 1953.

REPEAL OF PRIOR ACTS CONTINUING SECTIONS 767, 771

Act Apr. 4, 1953, ch. 21, Sec. 2, 67 Stat. 23, repealed act July

3, 1952, ch. 570, Sec. 1(a)(18), 66 Stat. 331, which continued the

effectiveness of this section until Apr. 1, 1953. Section 6 of act

July 3, 1952, repealed act Apr. 14, 1952, ch. 204, 66 Stat. 54;

amended May 28, 1952, ch. 339, 66 Stat. 96; June 14, 1952, ch. 437,

66 Stat. 137; June 30, 1952, ch. 526, 66 Stat. 296, which continued

provisions until July 3, 1952. This repeal took effect as of June

16, 1952, by section 7 of Joint Res. July 3, 1952.

-End-

-CITE-

50 USC APPENDIX ACT JUNE 28, 1944, CH. 306, 58

STAT. 624 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT

ACT JUNE 28, 1944, CH. 306, 58 STAT. 624

-HEAD-

ACT JUNE 28, 1944, CH. 306, 58 STAT. 624

-End-

-CITE-

50 USC APPENDIX Sec. 777 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT

ACT JUNE 28, 1944, CH. 306, 58 STAT. 624

-HEAD-

Sec. 777. Transferred

-COD-

CODIFICATION

Section, act June 28, 1944, ch. 306, 58 Stat. 624, which related

to naval plantations outside the continental United States and to

availability of appropriations for management and operation, was

originally a temporary war measure and was made permanent

legislation and transferred to section 1213 of former Title 10,

Army and Air Force, and to section 555a of former Title 34, Navy.

Section 1213 of former Title 10 and section 555a of former Title 34

were repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat.

641 and reenacted as section 2421 of Title 10, Armed Forces.

-End-

-CITE-

50 USC APPENDIX ACT FEB. 21, 1946, CH. 34, Sec.

3, 60 STAT. 27 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT

ACT FEB. 21, 1946, CH. 34, Sec. 1A3, 60 STAT. 27

-HEAD-

ACT FEB. 21, 1946, CH. 34, SEC. 3, 60 STAT. 27

-End-

-CITE-

50 USC APPENDIX Sec. 778 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT

ACT FEB. 21, 1946, CH. 34, Sec. 1A3, 60 STAT. 27

-HEAD-

Sec. 778. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641

-MISC1-

Section, act Feb. 21, 1946, ch. 34, Sec. 3, 60 Stat. 27,

authorized Secretary of the Navy to convene boards of officers to

recommend retirement of Regular Navy and Marine Corps Officers in

certain ranks and by section 12 of that act provided that those

provisions terminate on June 30 of fiscal year following that in

which World War II is declared ended.

-End-

-CITE-

50 USC APPENDIX PHOTOGRAPHING, MAPPING OR OTHER

REPRESENTATION OF MILITARY OR DEFENSE

PROPERTIES 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

PHOTOGRAPHING, MAPPING OR OTHER REPRESENTATION OF MILITARY OR

DEFENSE PROPERTIES

-HEAD-

PHOTOGRAPHING, MAPPING OR OTHER REPRESENTATION OF MILITARY OR

DEFENSE PROPERTIES

-End-

-CITE-

50 USC APPENDIX ACT JUNE 25, 1942, CH. 447, 56

STAT. 390 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

PHOTOGRAPHING, MAPPING OR OTHER REPRESENTATION OF MILITARY OR

DEFENSE PROPERTIES

ACT JUNE 25, 1942, CH. 447, 56 STAT. 390

-HEAD-

ACT JUNE 25, 1942, CH. 447, 56 STAT. 390

-End-